HomeMy WebLinkAbout2015-04-01 PACKET 06.A. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #� �
DATE 4/1/201 .
PREPARED BY: City Clerk Caron Stransky
ORIGINATING DEPARTMENT DEPARTMENT HEAD
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COUNCIL ACTION REQUEST:
Consider authorizing issuance of a Special Event Permit to Modern Automotive PerFormance
for an event on May 2, 2015 contingent on the recommended conditions.
STAFF RECOMMENDATION:
Approve the request.
SUPPORTING DOCUMENTS
� MEMO/LETTER: Memo from Caron Stransky 3/9/2015. Recommended permit conditions.
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: City Code.
ADMINISTRATORS COMMENTS
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City Administrator
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Date
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Cottage
� Grove
� Pride and P�osperity Meet
To:
From:
Date:
Subject:
Honorable Mayor and City Council
Ryan Schroeder, City Administrator
Caron Stransky, City Clerk
March 9, 2015
Modern Automotive PerFormance
Introduction
Modern Automotive Performance, 9800 Hemingway Avenue South, has applied for a special
event permit for their 6t" Annual Boost for a Cure Fundraiser to be held on May 2, 2015. The
applicant has indicated on their application that the event could draw up to 2,000 people.
Special event permits are required for events that are greater than 300 persons, serve alcohol,
or are within 500 feet of residential property. Based on the planned attendance and scheduled
activities, a special event permit is required for this event. Special event permits are valid for
the identified date only if approved differently by the Council.
Event Location
The proposal includes the use of the parking lot at 9800 Hemingway Avenue South, Cottage
Grove for their special event. The draft plan is shown below:
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Ordinance Requirements
The City Code lists specific information that is required for a special event permit application in
Title 5-5-4. The subsequent sections of the ordinance cover permit review, denial, and
issuance, payment of City services, violations, and revocation. The ordinance is attached to
this report. The review comments for this report were based on that ordinance criteria.
Event Logistics
The City regulates special events because they have the potential to impact neighboring
properties, City services, and the health and safety of the general public. With this event, a
sound event management plan is critical. .
Hours of Operation
Saturday, May 2 9:30 a.m. to 5:00 p.m.
It is recommended that all patrons be off the property by 6:00 p.m.
Admission
Admission tickets will not be sold for this event.
Noise
The application requests approval of amplified live music indoors on Saturday, May 2 from
9:30 a.m. to 5:00 p.m. It is recommended that the music be granted indoors as an exception to
the noise ordinance for the specified time as part of the special event permit.
Parkin
Based on the anticipated attendance of up to 2,000 patrons, the City is requiring that the
parking plan provide 1,000 demonstrated parking spaces and associated drive access lanes at
300 square feet per vehicle. The applicant is proposing the main parking to be accommodated
at 9800 Hemingway Avenue South. Shuttle service will be provided by Treasure Island from
off-site parking facilities (Diversified Manufacturing, Resorts and Lodging, and Tradehome
Shoes). Applicant must provide written proof of off-site parking agreements before the
issuance of the permit including number of parking stalls per off-site parking area.
A minimum of 12 parking lot attendants will be provided by the applicant at the designated
parking lots. The Public Safety Department is recommending that the applicant be responsible
for posting "no parking" signs on 100t" Street and along Hadley Avenue (per condition number
19 and 20.
The Public Safety Department is recommending that security and traffic movement on private
property be the responsibility of the applicant. Uniformed traffic control may be required on
May 2 based on the final parking and transportation plan.
Emergency Action Plan
The applicant and the Public Safety Department discussed the emergency action plan for
instances of severe weather. The applicant agreed to submit the information at least 30 days
before the event. It is recommended that a condition of the permit issuance be that the
Emergency Action Plan shall be submitted no later than 30 days prior to the event, and that the
failure to do so may be cause for revocation of the special event permit.
Securitv
The applicant and the Public Safety Department discussed site security. Based on projected
attendance estimates, it is recommended that four uniformed police officers be required at a
minimum of eight hours each on Saturday and that prior to the event, payment be made by the
applicant at the rate of $72.00 per hour ($2,304.00).
Sanitation
The applicant is proposing that five portable toilets be available via Biffs Porta Potties.
Food Sales
It is required that food sales be licensed and
Department.
inspected by the Washington County Health
Water
Potable drinking water will be available via individual bottled water.
Waste Collection
Waste from a licensed collector will be collected, at the end of the event, starting at 5:00 p.m. It
is recommended that if additional trash containers are required, they will be provided during
the day by the waste collector.
A collection/pick-up plan should be developed to help prevent debris from leaving the site
during the event.
Insurance
Proof of insurance shall be provided including the City as an additional covered party in the
amount of $2,000,000 per the City's insurance requirements for special events listed in City
Code Title 5-5-10.
Summary
The ordinance allows for the issuance of special event permits only after a finding by the City
that the character of the proposed special event is compatible with the character of the
surrounding neighborhood, considering the possible creation of problems including noise,
lighting, traffic, sanitation, congestion, and other factors affecting the public health, safety and
welfare of such areas in addition to compliance with all ordinances of the City and applicable
statutes and regulations.
:- •r�u- •. •
Based on the details provided for the proposed event, and after holding a hearing on the
proposal, it is recommended that the Council approve the special event permit conditioned on
the applicant complying with the following conditions:
1. The event shall be in conformance with City Code Title 5-5-7B, Special Events Permit
Issuance, Permit Conditions.
2. Thirty days prior to the event, the applicant shall provide to the City a detailed shuttle
route, location of pickups and drop ofF areas, number of buses, and schedule of bus
service. As part of the submittal, the applicant shall demonstrate how the bus service
will operate in conjunction with motorists arriving and departing the site to ensure there
will be no conflict between buses and motorists.
3. All patrons must be off the property by 6:00 p.m.
4. Ticket sales are prohibited.
5. Amplified music shall be granted as an exception to the noise ordinance for the
specified time on the special event permit.
6. Security and traffic movement on private property shall be the responsibility of the
applicant.
7. An Emergency Action Plan shall be submitted no later than 30 days prior to the event.
Failure to do so may be cause for revocation of the special event permit.
8. A building permit would be required for any temporary structure that is larger than 750
square feet.
9. Five standard portable restrooms and one ADA portable restroom shall be provided.
10. On-site food sales shall be licensed and inspected by the Washington County Health
Department.
11. If the proposed number of trash containers are found to be inadequate by City staff,
additional containers shall be provided for the duration of the event.
12. The applicant shall provide personnel to continually pick up on-site trash not in
containers during the event.
13. The applicant shall obtain necessary permission from all adjacent properties in writing.
14. Proof of insurance shall be provided naming the City of Cottage Grove as an additional
covered party for $2,000,000 per City Code Title 5-5-10, Insurance Requirements.
15. Must obtain written proof for off-site parking agreements before the issuance of the
special event permit.
16. Name the off-site parking property owner(s) to the applicant's insurance policy naming
them as additional insured on the policies.
17. Temporary "no parking" signs be installed on both sides of 100t" Street South one block
in both directions from Hemingway Avenue.
18. Have the driveway access off 100t" Street and Hemingway Avenue be right in right out
only.
19. Provide temporary signage on 100t" Street at Hadley Avenue and Hadley Avenue at
95t" Street directing event participants back to Highway 61 via Jamaica Avenue.
20. Maintain adequate drive lanes to the facility on Hemingway Avenue for emergency
vehicle access.
21. Provide two Cottage Grove police officers to work from 9:00 a.m. until 4:00 p.m. and two
Cottage Grove police officers to work from 9:00 a.m. until 5:00 p.m. for the event at the
rate of $72.00 per hour ($2,304.00). This amount must be payable to the City of Cottage
Grove and paid in full prior to the event. It is non-refundable with less than five days'
notice of cancellation.
/cs
Attachments
5-5-1
CHAPTER 5
SPECIAL EVENTS
SECTION:
5-5- 1:
5-5- 2:
5-5- 3:
5-5- 4:
5-5- 5:
5-5- 6:
5-5- 7:
5-5- 8:
5-5- 9:
5-5-10:
5-5-11:
5-5-12:
5-5-13:
5-5-14:
Findings Of Fact; Purpose
Definitions
Permit
Permit Application
Permit Review
Permit Denial
Permitlssuance
Special Services Fees
Indemnification Agreement
Insurance Requirements
Violations
Revocation
Enforcement
Modifications
5-5-2
5-5-1: FINDINGS OF FACT; PURPOSE: This chapter governs the
time, place and manner of special events on public and
private property when an event's impact upon the health, fire, law enforce-
ment, transportation or other services exceeds those regularly provided to
that property. This chapter is enacted in order to promote the health, safety
and welfare of all residents and visitors of the city by ensuring that special
events do not create disturbances, become nuisances, menace or threaten
life, health and property, disrupt traffic or threaten or damage private or
public property. It is not the intent of the city council by enacting this
chapter to regulate in any manner the content of speech or infringe upon
the right to assemble, except for regulating the time, place and manner of
speech and assembly and this chapter should not be interpreted or
construed otherwise. (Ord. 928, 3-19-2014)
5-5-2: DEFINITIONS: For purposes of this chapter, the following
terms have the meanings given to them by this section:
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City of Cottage Grove
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CITY The Cottage Grove city administrator or
ADMINISTRATOR: designee.
SPECIAL EVENT: Any Iarge indoor or outdoor concert, fair, show,
festival, carnival, rally, party, tournament, street
dance, run, race, walk, parade, or other enter-
tainment or celebration of limited duration that is
held on public or private property or any event
that will require the use of special services as
determined by the city, due to the intensification
of the land use, parking concerns, traffic
generation, or an increase in demand of the
city's infrastructure. The special event may not
be the primary use of the property.
SPECIAL SERVICES: The exclusive allocation of �city resources,
including, but not limited to, city personnel,
equipment, rights of way, property or facilities
for use in conjunction with a specific event or
activity that are deemed necessary by city staff
in order to maintain or protect the public health,
safety or welfare. Special services shall include,
but not be limited to, any of the following: street
closures; requiring police officers to stop or
reroute traffic; special police protection, security
or monitoring; stationing emergency vehicles at
or in the immediate vicinity of the event; exclu-
sive use of city streets as a staging area or for
event parking; additional street cleaning and
garbage removal services; special signage,
such as temporary no parking signs; the use of
any city building, equipment or other property
for any purpose other than the normaF- daily
operations of the city; or the city otherwise pro-
viding exclusive services. (Ord. 928, 3-19-2014)
5-5-3: PERMIT:
A. Permit Required: Any person or organization desiring to hold a
special event within any zoning district in the city must first obtain a
special event permit from the city in addition to any other permits
required for the event by state law or city ordinance.
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B. Exceptions: A permit is not required for:
5-5-4
1. Weddings, wedding receptions, anniversaries, birthdays, family
reunions, funeral processions, and graduation parties.
2. Any event attended by fewer than three hundred (300) persons
that does not require any special services.
3. Any event that is held on publicly owned property, public or
railroad right of way and involves the review or approval of the
government entity or agency controlling that property through a
permit, agreement or other approval process.
4. Golf tournaments.
5. The use of traditional public forums as alternative channels of
communication by the public, provided that such use is for the free
exercise of constitutionally protected activities and does not disrupt
or interfere with traffic on public streets or the use of public places
by other members of the public. (Ord. 928, 3-19-2014)
5-5-4: PERMIT APPLICATION:
A. Form: An application for a permit to hold a special event must be
made in writing and must contain a statement made upon oath or
affirmation that the statements contained therein are true and correct
to the best knowledge of the applicant. A permit application may be
submitted for more than one event within a calendar year, as long as
each event is of the same type, at the same location and of the
same scope. A separate permit application must be submitted for
events that are different in type, at a different location or of a
different scope, as determined by city staff. Separate application
fees will be required for each application. The application must be
signed and sworn to or affirmed by an authorized individual and the
property owner, if different from the applicant. The application musf
contain and disclose the following:
1. Type and description of the special event and a list of all activities
to take place at the special event.
2. Name of the sponsoring entity, contact person, address, and
phone number.
3. Name of property owner, if different from applicant.
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,
4. Proposed date(s) of the special event, together with the beginning
and ending times for each date.
5. Proposed location of the special event, including a site plan or
diagram of the proposed area to be used showing the location of any
barricades, perimeter/security fencing, fire extinguishers, safety or
first aid stations, entertainment, stages, restrooms or portable toilets,
parking areas, ingress and egress routes, signs, special lighting,
trash containers, and any other items related to the special event.
6. A sign package including size, quantity, and location, and any '
large inflatable balloons, statues, or structures.
7. Maximum estimated number of persons expected to attend at any
one time and the estimated time and date at which that will occur.
8. Number of event staff that will be provided for the event. Applicant ,
must provide the contact information, including cellphone number
and e-mail address for the on site event staff coordinator, manager
or supervisor.
9. Public health plans, including supplying water to the site, solid
waste collection and the number of toilet facilities that will be
available. 1
10. Fire prevention, emergency medical service plans, and severe
weather plans.
11. Any security plans.
12. The admission fee, donation, or other consideration to be
charged or requested for admission to the special event. '
13. Whether food or alcohol will be served or sold at the event.
14. Whether camping or temporary overnight lodging will be
included. !
15. Whether any sound amplification or public address system will
be used or if there will be any live performances of any music or
musical instruments.
16. The name, address and contact information of any entity provid-
in entertainment.
1
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17. A detailed description of ail public rights of way and private
streets for which the applicant requests the city to restrict or alter
normal parking, vehicular traffic or pedestrian traffic patterns, the
nature of such restrictions or alterations, and the basis.
18. A detailed description of any shuttle service, including off site
parking locations, shuttle routes, types of vehicles that will be used
for shuttling passengers, hours of operation and frequency of shuttle
service.
19. The names and addresses of all residential properties within an
area of impact for which the special event is proposed to be held.
; 20. For runs, walks, races or parades, a parade application from the
,department of public safety must be submitted with the special event
application.
21. A statement signed by the applicant agreeing to pay all fees and
meet all other requirements of this section and a statement repre-
senting to the city that the applicant is duly authorized to make such
agreement on behalf of the person or organization holding or
sponsoring the special event.
� 22. Any other information requested by the city that it deems
reasonably necessary in order to determine the nature of the special
event and the extent of any special services required.
B. Time For Filing: A special event permit application must be filed with
the city at least sixty (60) days in advance of the date on which the
special event is to occur.
C. Permit Fee: An applicant for a special event permit must pay a non-
refundable permit fee in the amount established by the city council
pursuant to the annual fee schedule. (Ord. 928, 3-19-2014)
5-5-5: PERMIT REVIEW:
A. The special event permit application shall be distributed by the city
administrator to the public safety department and to any other
departments that may require special services or other conditions for
the event. Each such department will review the application and
determine the amount of special services that are necessary, if any,
and shall forward a cost estimate for the special services associated
with his or her department to the city administrator.
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�. After receiving the information from the departments, the city admin-
istrator shall review the special event permit ap�lication.
1. If property is located within five hundred feet (500') of residential
property, then the city council shall hold a hearing on the application.
At least ten (10) days prior to the hearing, the city shall mail notice
to each residential property owner within five hundred feet (500') of
the subject property. The city council shall consider the application
and must either approve the permit with or without conditions, or
deny the permit. The applicant shall be notified of the decision in
writing.
2. If the property is not located within five hundred feet (500') of
residential property, then the city administrator must either approve
and issue the permit with or without conditions, or deny the permit.
The city administrator shall notify the applicant of his or her decision
in writing.
3. For runs, races, walks or parades, the city council shall hold a
hearing on the application. At least ten (10) days prior to the hearing,
the city shall publish notice of the parade in the newspaper. The city
council shall consider the application and must either approve the
permit with or without conditions, or deny the permit. The applicant
shall be notified of the decision in writing. (Ord. 928, 3-19-2014)
5-5-6: PERMIT DENIAL:
A. Denial Of Application: The city may deny an application for a special
event permit if it determines from a consideration of the application
or other pertinent information, that:
1. The information contained in the application or supplemental
information requested from the applicant is false or nonexistent in
any material detail.
2. The applicant fails to supplement the application after having been
notified by the city of additional information or documents needed.
3. The applicant fails to agree to abide or comply with all of the
conditions and terms of the special event permit, including payment
of all costs and expenses.
4. The applicant has outstanding fees due to the city, any outstand-
ing or unresolved code enforcement or noncompliant building permit
June 2014
City of Cottage Grove
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issues, has violated the terms and conditions of a previously issued
special event permit or has had a previously issued special event
permit revoked by the city.
5. The time, fiours, location or size of the special event will unneces-
sarily disrupt or interfere with the movement of traffic, would interfere
with access to the fire station or fire hydrants, or would interfere with
access to businesses or residences in the immediate vicinity of the
event and there are not sufficient city resources available to mitigate
the disruption at the time of the event.
6. The special event is of the size or nature that it is unduly burden-
some to the public safety department or other city resources or city
infrastructure.
7. The proposed date and time of the special event conflicts with a
previously scheduled event and there are not available at the time of
the proposed special event sufficient city resources to provide
services for both events without substantially or unnecessarily inter-
fering with police, fire, ambulance, water, public works, or other
services to the city as a whole.
8. The location of the special event will substantially interfere with
� any construction or maintenance work scheduled to take place upon
ar along public property or right of way.
9. The special event would substantially or unnecessarily interfere
with police, fire, ambulance, water, public works or other services to
the city as a whole and there are not available at the time of the
proposed event sufficient city resources to mitigate the disruption.
10. The special event would likely endanger the public safety or
health.
11. The special event would likely create or constitute a public
nuisance.
12. The special event would be likely to cause significant damage to
public property or facilities.
13. The special event would engage in or encourage participants to
engage in disorderly conduct activity, disturbances, or illegal acts.
14. The applicant fails to comply with the liability insurance
requirements or the applicant's insurance lapses or is canceled.
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15. The applicant, responsible party, or the person on whose behalf
the application is submitted has on prior occasions made material
misrepresentations regarding the nature of a special event in the
city, or has violated the terms of a prior special event permit.
16. The applicant cannot comply with the performance standards
required in subsection 5-5-7B of this chapter.
B. Appeal:
1. If the city administrator denies an application for a special event
permit, the applicant may appeal the city administrator's decision to
the city council. An appeal must be filed with the city administrator in
writing no later than ten (10) days from the date of the city admin-
istrator's decision.
2. If the city council denies an application for a special event permit,
the applicant has all remedies permitted at law, including appealing
to the district court. (Ord. 928, 3-19-2014)
5-5-7: PERMIT ISSUANCE:
A. Permitted Areas: Because of the predominantly residential character
of the city and the relatively small size of the commercially zoned
areas resulting in the potential for conflicting uses, special events
will be permitted within the city only after a finding by the city that
the character of the proposed special event is compatible with the
character of the surrounding neighborhood considering the possible
creation of problems including noise, lighting, traffic, sanitation,
congestion and other factors affecting the public health, safety and
welfare of such areas in addition to compliance with all ordinances of
this city and applicable statutes and regulations.
B. Performance Standards: All special event permits must comply with
the following performance standards:
1. Parking: All off street parking must be sized to accommodate the
needs generated by the use and must be approved by the
community development director.
2. Access To Collector Or Arterial Street: The property must be
located with direct access to a collector or arterial street as identified
in the comprehensive plan.
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3. Access For Emergency Vehicles: Access for ingress and egress
for emergency vehicles must be approved by the fire marshal.
4. Setbacks: Setbacks must be approved by the community develop-
ment director.
5. Americans With Disabilities Act: The applicant must comply with
the Americans with disabilities act.
6. Liquor Licenses: The applicant must obtain all relevant liquor
� licenses and have a minimum of one security personnel on site
during the event if liquor is sold.
;7. Requirements Of Building Official And Fire Marshal: The applicant
must comply with all requirements imposed by the city building
official and fire marshal, including occupancy requirements and the
°.number and location of sanitary restroom facilities.
8.Off Site Signage: Off site signage is prohibited, except for
directional signs that are approved by the city.
9. Trash Collection: The applicant must provide adequate trash and
recycling collection during and after the event.
10. Hours Of Operation:
a. Hours of operation shall be allowed between eight o'clock
(8:00) A.M. and ten thirty o'clock (10:30) P.M. Sunday through
Thursday and between eight o'clock (8:00) A.M. and twelve thirty
o'clock (12:30) A.M. on Friday and Saturday.
b. For events with music or amplified sound, such music or
amplified sound shall terminate no later than ten o'clock (10:00) P.M.
Sunday through Thursday and no later than twelve o'clock (12:00)
midnight on Friday and Saturday.
11. Signs: The sign package must be approved by the community
development director.
12. Exterior Lighting: Any special exterior lighting must be designed
and installed so that the light source is recessed and enclosed on all
sides except the bottom so that light is cast downward.
13. Food Sales: All on site food sales shall be licensed by the
Washington County health department.
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14. Temporary Buildings, Fences Or Structures: Ali ternporary buiid-
ings, fences or structures must be removed within twelve (12) hours
after the event.
C. Permit Conditions: The city may condition the issuance of a special
event permit by imposing reasonable conditions concerning the time,
place and manner of the special event, and such conditions as are
necessary to protect the safety of persons and property, and the
control of traffic; provided that such conditions shall not unreason-
ably restrict the right of free speech. The city may inspect the
property upon which the special event is to be held prior to the event
in order to make certain there is compliance with all permit condi-
tions. Such conditions may include, but are not limited to:
1. Alteration of the date(s), time(s) or location of the special event
proposed.
2. Elimination or alteration of an activity at the special event which
cannot be mitigated to a point as to ensure public safety and
welfare, or which causes liability to the city.
3. Modification to the traffic control or safety plan.
4. Restrictions on the use of amplified sound, public address
systems and the playing of music and musical instruments and
compliance with noise ordinances, regulations and laws.
5. Limitations on the maximum attendance.
6. Restrictions on the sale or consumption of food or alcohol.
7. Other reasonable conditions in order to protect the public health,
safety and general welfare.
D. Permit Issuance: The city clerk or deputy city clerk shall issue the
special event permit after the application has been approved by the
city administrator or city council and the applicant has signed the
permit and agreed to comply with the terms, conditions and special
service fees of the permit as well as the requirements of this
chapter. (Ord. 928, 3-19-2014)
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5-5-8: SPECIAI, SERVICES FEES:
5-5-10
A. Special Services Fee: If any special services are required for the
special event, the applicant will be required to pay for the special
services. The special services fee shall be determined by the city
administrator and will be based upon the actual cost of the special
services. The special services fee must be paid by the applicant at
least five (5) days before the special event. If additional special
services are required during the event that exceeds the fees
collected, the applicant will be invoiced for the additional fees. No
new special event permit will be issued until all previous fees have
been paid, with interest, if applicable.
B. Special Services Rates: The rates charged for the use of city
personnel, equipment, facilities and rights of way shall be set by the
city council pursuant to the annual fee schedule. (Ord. 928,
3-19-2014)
5-5-9: INDEMNIFICATION AGREEMENT: If the special event
requires special services, prior to the issuance of a special
event permit, the applicant and authorizing officer of the sponsoring organi-
zation, if any, must sign an agreement to indemnify, defend and hold the
city, its officials, employees, and agents harmless from any claim that
arises in whole or in part out of the special event, except any claims arising
solely out of the negligent acts or omissions of the city, its officials,
employees and agents. (Ord. 928, 3-19-2014)
5-5-10: INSURANCE REQUIREMENTS:
A. Liability Insurance Required: The applicant or sponsor of a special
event must possess or obtain liability insurance to protect against
loss from liability imposed by law for damages on account of bodily
injury or property damage arising from the special event. A certificate
of insurance must be filed with the city prior to issuance of the
special event permit. The certificate of insurance must name the city,
its officials, employees and agents as additional insureds. Insurance
coverage must be maintained for the duration of the special event in
the types and amounts as follows:
1. Commercial general liability insurance covering claims for bodily
injury, death, personal injury or property damage (including loss of
use) occurring or arising in connection with this agreement, including
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contractual liability coverage. The limits of insurance will not be less
than: one million dollars ($1,000,000.00) each occurrence; two
million dollars ($2,000,000.00) general aggregate.
2. Workers' compensation insurance with statutory limits and provid-
ing coverage for any employee working the event, even if not
required by statute. Employer's liability or "stop gap" insurance with
limits of not less than one million dollars ($1,000,000.00) each
accident.
3. Business automobile liability insurance covering the ownership,
operation and maintenance of all owned, nonowned and hired motor
vehicles used in connection with the event, with limits of at least one
million dollars ($1,000,000.00) per occurrence for bodily injury and
property damage.
B. Waiver Or Reduction Of Required Limits: The city may waive or
reduce insurance requirements of this section under the following
circumstances:
1. The applicant or authorized individual of the sponsoring
organization signs a verified statement that it believes that the
special event's purpose is first amendment expression and that the
cost of obtaining the insurance is so financially burdensome that it
would constitute an unreasonable burden on the right of first
amendment expression.
2. The city determines that the insurance requirements are in excess
of the reasonable risk presented by the proposed special event.
(Ord. 928, 3-19-2014)
5-5-11: VIOLATIONS:
A. Unlawful To Sponsor A Special Event Without A Permit: It is unlawful
for any person to sponsor or conduct a special event requiring a
permit pursuant to this section unless a valid special event permit
has been issued for the event.
B. Unlawful To Exceed The Scope Of The Permit: The special event
permit authorizes the special event permittee or sponsor to conduct
only such a special event as is described in the permit, and in
accordance with the terms and conditions of the permit. It is unlawful
for the permittee or sponsor to wilfully violate the terms and condi-
tions of the permit. (Ord. 928, 3-19-2014)
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5-5-� 2: 12EVOCr�TIOIV: Any special event permit issued pursuant to
this chapter may be summarily revoked by a city law enforce-
ment officer at any time when, by reason of disaster, public calamity, riot or
other emergency, the law enforcement officer determines that the safety of
the public or property requires such revocation. The city administrator, or
his/her designee, may also summarily revoke any special event permit
issued pursuant to this chapter if he or she finds that the permit has been
issued based on false information or when the permittee exceeds the scope
of the permit or violates any term or condition of the permit or this chapter.
Notice of such action revoking a permit shall be delivered in writing to the
applicant by personal service or certified mail at the address specified by
the applicant in the application. (Ord. 928, 3-19-2014)
5-5-13: ENFORCEMENT:
A. Injunction: The provisions of this chapter may be enforced by injunc-
tion in any court of competent jurisdiction.
B. Public Nuisance: The holding of a special event in violation of any
provision or condition contained in this chapter will be deemed a
public nuisance and may be abated as such.
� C. Towing Authorized: If a special event is held on private property and
members of a special event have parked automobiles in violation of
any provision or condition contained in this chapter, violators'
automobiles may be tagged and towed at violators' expense.
D. Noise: The special event must be in compliance with the city's noise
ordinance at all times.
E. Misdemeanor: Violation of any provision of this chapter is a misde-
meanor. Violators shall be subject to a fine or imprisonment as
specified by state statute. Each day in which a violation continues to
occur shall constitute a separate offense.
F. Permit Revocation: Violation of any provision of this chapter shall be
grounds for revocation of the special event permit. (Ord. 928,
3-19-2014)
5-5-14: MODIFICATIONS: The city may modify or waive any of the
requirements of this chapter after a finding that the waiver or
modification of the requirements will not endanger the public health, safety
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and welfare of the community, that no special services are required and
that enforcement of the requirements would impose a unique hardship upon
the applicant. (Ord. 928, 3-19-2014)
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