Chapter 12.30
PUBLIC ASSEMBLIES
Sections:
12.30.010 Licensing of certain public assemblies.
12.30.020 Conditions for issuing a license.
12.30.030 Application.
12.30.040 Soft containers required.
12.30.050 Issuance.
12.30.060 Revocation.
12.30.070 Enforcement.
12.30.010 Licensing of certain public assemblies.
The license and fees required by this chapter shall not apply to any regularly established, permanent, enclosed place or structure such as a residence or to a residential lot occupied by the sponsor of the assembly, or to a stadium, athletic field, sports arena, public auditorium or coliseum, or other similar enclosed, permanently established place of assembly approved and licensed by the city as a place of public assembly approved by Eagle Mountain City. The license and fees required by this chapter shall not apply to any gatherings of persons related by blood, marriage or common ancestry, including but not limited to family reunions, weddings or funerals; or to gatherings of residents of a subdivision or neighborhood or any part of or combination of a subdivision(s) or neighborhood(s), including but not limited to homeowners’ associations or neighborhood watch groups; or to any assembly conducted for the express purpose of political speech or other political activity, including but not limited to candidate debates or campaign rallies.
This exclusion does not apply to structures which are operating under a temporary use permit. It is not permitted for assemblies to exceed by more than 10 people the maximum seating capacity of any other structure where an assembly is held. “Festival seating” and/or “standing room only admission” is not permitted at any event held in such other structures.
A. This chapter shall not apply to government, school, or religious sponsored events held on regularly maintained and managed church properties including but not limited to sports fields, farms, building grounds or parking lots, municipal fairgrounds, or to civic events, arts events, sports leagues, festivals, public hearings or other governmental activities sponsored or cosponsored by Eagle Mountain City on public or private property. The Eagle Mountain city council may choose to designate Eagle Mountain City as a cosponsor of any event if in its judgment the benefit to the community offered by the event is substantial and the risk of disruption is relatively minimal. This chapter shall not apply to the normal day-to-day operation of permanently established parks under ownership and control of the city.
B. No person engaged in a business enterprise and not heretofore exempted shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets to attend an outdoor assembly reasonably anticipated to consist of 30 or more persons, whether on public or private property, unless a license to hold the assembly has been issued by Eagle Mountain City.
C. As used in this chapter:
1. “Assembly” means a company of persons gathered together at any location at any single time for any purpose.
2. “Person” means any individual natural human being, partnership, corporation, firm, company, association, society or group.
D. A separate license shall be required for each location in which 30 or more people assemble or can reasonably be anticipated to assemble. The nonrefundable administrative fees for each license shall be as follows:
1. Ten dollars for each day of an assembly over 30 people to defray the costs associated with processing and reviewing the application.
2. In order to promote, protect and assure the safety and convenience of the people in their use of public streets and places, the Utah County sheriff’s office (UCSO) shall coordinate the use of professional peace officers if the assembly requires traffic control or police protection (public safety), and an additional fee shall be charged by the city for the benefit of the UCSO to cover the actual costs incurred. The UCSO shall specify the costs that shall constitute the public safety security component of the license fee required upon approval of the license application of the UCSO, based upon the number of officers and amount of support equipment required by such factors as the date and time of the event; the route location and length; the anticipated traffic and weather conditions; the estimated number of participants and spectators; the composition, format, and configuration of the event; and the estimated time for the event. In no circumstances shall any law enforcement fee or law enforcement requirement hereunder be based upon the content of the speech at the assembly. The fee charged for traffic control and/or police protection (public safety) shall be paid prior to the issuance of the license.
3. Additional fees may be charged by the Utah County health department or other county agencies for special services, equipment, or facilities provided by these agencies. Such additional fees shall be specified at the time the license application is approved by the city council. [Ord. O-30-2004 § 1; Ord. O-13-2001 § 1].
12.30.020 Conditions for issuing a license.
In the application for a license, each applicant shall disclose the maximum number of people which will be assembled or admitted to the location of the assembly. The maximum number shall not exceed the maximum number that can reasonably assemble at the location of the assembly in consideration of the nature of the assembly. All outdoor public assemblies under this chapter shall be discontinued no later than 2:00 a.m. on the day following the licensed assembly and the security deposit furnished by the applicant shall guarantee the timely closure of the property licensed for the assembly in compliance with the terms of this chapter.
Before a license is issued, the applicant shall provide proof satisfactory to the city council that it will furnish at its own expense prior to the commencement of the assembly, and as a condition of issuance of the license, the following:
A. A crowd control fence enclosing the proposed location with appropriate fencing and access gates, if required by the Utah County sheriff’s office, to prevent trespass to adjoining properties;
B. Potable water, meeting all federal and state public drinking water requirements, sufficient to provide water for the maximum number of people assembled at the rate required by Utah state law;
C. Separate enclosed toilets for males and females, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled at the rate required by Utah state law. All portable toilets shall be serviced and pumped out within 48 hours of conclusion or closing of the public assembly;
D. A sanitary method of disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people assembled at the rate of at least two and one-half pounds of solid waste per person per day, together with a plan for holding, collecting and removing all such waste at least once each day of the assembly and sufficient trash cans with tight-fitting lids and personnel to perform the task. The applicant shall ensure that all trash and garbage associated with the assembly, to include trash and garbage that has been placed on property not owned by the applicant, is cleaned up within 24 hours of the termination of the assembly;
E. The fire chief may modify the number of EMT personnel required by this subsection based on the activities proposed at the assembly described in the license application. At events where attendance is expected to exceed 250 persons, a minimum of two physicians or emergency medical technicians (EMTs) licensed to practice in the state of Utah sufficient to provide emergency medical care for the maximum number of people to be assembled at the rate of at least one additional physician or EMT for every 1,500 people, together with an enclosed covered structure where treatment may be rendered, and at least one emergency ambulance available for use at all times;
F. Personnel situated at each entrance to the assembly grounds to restrict alcoholic beverages (including beer) to persons of legal age, and to restrict the use of glass or metal containers;
G. If the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of a least five foot-candles, but not to illuminate the sky or beyond the boundaries of the enclosed location of the assembly;
H. A free improved parking area inside of the assembly ground sufficient to provide parking space and the necessary access routes to each parking space, for the maximum number of people; provided, however, the requirement for free parking may be waived by the city if a plan is approved by the city administrator and designated county sheriff’s deputy showing that vehicles will not interfere with normal traffic flows, will be kept off the public streets and that allowing paid parking will not be injurious to the public health, safety, and general welfare. Due to the traffic hazards it causes, in no case shall on-street parking during public assemblies of over 250 persons be allowed;
I. Adequate security personnel for purposes of crowd and traffic control for events with anticipated attendance of over 250 persons. Security personnel shall be attired in distinctive dress or security uniforms that clearly differentiate security personnel from the crowd (assembly) and are not permitted to carry weapons. Security guards must be either trained staff, duly sworn off-duty police officers (out of uniform) of the state of Utah or private guards licensed in the state of Utah. The UCSO may require the use of an adequate number of professional peace officers for traffic control and police protection (public safety), such officers to be provided by the UCSO. Security personnel and the UCSO may interrupt any assembly activity at any time in the discretion of sheriff’s personnel, in the event of a life threatening emergency;
J. Parking personnel sufficient to handle all vehicular traffic generated by the assembly as determined by the city, but in no event less than one parking attendant for every 150 vehicles;
K. Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all federal, state and local standards for the location of the assembly and sufficient emergency personnel to efficiently operate the required equipment;
L. For events held on public property, a refundable cash deposit or equivalent bond with the recorder of Eagle Mountain City to cover any cost incurred in cleaning up any waste material produced or left by the assembly based on the maximum number of anticipated attendees as follows:
|
30 – 75 |
$300 |
|
75 – 200 |
$500 |
|
200 – 500 |
$1,500 |
|
500 – 2,000 |
$3,000 |
|
2,000+ |
$10,000 |
M. At events with paid admission, a single limit broad form liability insurance policy acceptable to the city with minimum policy limits of $1,000,000 for events with an anticipated assembly of 100 to 5,000, $2,000,000 for events with an anticipated assembly of 5,001 to 10,000 and $5,000,000 for events with an anticipated assembly of 10,001 or more. The policy must be from an A + 12 rated or better insurance company which specifically names Eagle Mountain City, its officers, agents, servants, and employees as insured parties. Eagle Mountain City reserves the right to require additional insurance coverage based on the nature and location of the assembly, the number of people to be assembled, and other relevant factors. The applicant must also obtain an employer’s liability compensation insurance policy with a minimum policy limit of $1,000,000 and workman’s compensation insurance. The insurance policies shall be noncancelable 10 days prior to the assembly and must contain a provision that, if canceled before said 10-day period, the insurance company must immediately notify in writing by registered mail the Eagle Mountain city recorder of such cancellation. If an insurance policy is canceled, the applicant shall immediately cancel the assembly or obtain like insurance acceptable to the city not less than 10 days prior to the assembly;
N. In consideration for the issuing of a license and the use of public streets or property, the applicant agrees to indemnify, save harmless, and defend Eagle Mountain City, its officers and employees against any claim for loss, damage or expense sustained by any person on account of injury, death or property damage, occurring by reason of or arising out of the assembly;
O. If the assembly uses a public address system or sound amplification equipment in the amplification of live or recorded music, the noise levels shall not disturb the peace and quiet of residents or occupants of commercial businesses or exceed the limits established by the city in applicable ordinances, regulations or other statutes;
P. All assemblies shall conclude prior to 10:00 p.m. on nights that precede days on which elementary and secondary schools are in session and 2:00 a.m. on all other nights in order to protect the security and peaceful environment of city citizens during the nighttime. All patrons shall have left the premises of the event no later than one hour following the conclusion of the assembly. Exceptions to the hours of operation limitations may be granted on a case-by-case basis where exceptional circumstances exist, such as campouts and other overnight activities;
Q. Back-to-back assemblies on subsequent days at the same locations, where over 200 people are in attendance at each assembly, may be unreasonably inconvenient and cost prohibitive to the public as a result of traffic congestion, exhaustion of city law enforcement resources, trash concerns, and the right of residents to a peaceful environment. As such, back-to-back events shall be approved in special circumstances where the applicant can demonstrate to the city council that such assemblies will not be injurious to the health, safety, and general welfare of residents of the area. This provision shall not be construed, nor is it the intent of the city council, to be a prior restraint on speech, but a reasonable time, place, and manner regulation;
R. Where parking is designated in an unpaved area, the applicant shall water down the area to prevent airborne particulate matter and mitigate dust;
S. The city council may impose other conditions, in addition to those specified herein, as may be reasonable to protect the public interest by ensuring traffic management, security of property and the health and safety of the public. Such conditions may include, but are not limited to, restrictions on the times of assemblies due to other previously approved events that could cause scheduling conflicts during the same period and thus create an overextension of the city’s resources, traffic mitigation/management provisions, additional sanitary requirements, and/or noise restrictions. Such conditions shall directly relate to mitigating the negative impacts of such assemblies and shall not be construed to regulate speech, nor to prevent lawful freedom of speech or lawful assembly;
T. The applicant must require and enforce as a condition of admission to the assembly that no firearms or deadly weapons, as defined by Utah law, are allowed in the assembly, except for weapons held by owners of concealed weapons permits issued by the state of Utah. [Ord. O-30-2004 § 2; Ord. O-13-2001 § 2].
12.30.030 Application.
For large public assemblies over 100, applications shall be filed at least 30 days in advance of such assembly. For large public assemblies under 100, applications shall be filed at least 15 days in advance of such assembly. These time limits are required in order to allow sufficient time to process the applications.
For large public assemblies which occur as regularly established, ongoing event series within the city (i.e., entertainment series which have multiple concerts or performances throughout the year), a comprehensive operational plan and schedule of performances shall be required 90 days in advance of the initial yearly performance. This requirement shall not serve in lieu of individual large public assembly licenses, which shall be required for each assembly; rather it is to be construed as an additional requirement thereto.
The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the individual making application in the case of a corporation, by all partners in case of a partnership or by all officers of an unincorporated association, society or group or, if there are no officers, by all members of such association, society or group. Applications shall be made available from the city recorder’s office.
The application shall contain all the following information and disclose:
A. The name, age, residence and mailing address of all persons required to sign the application as set forth herein and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of each person holding 10 percent or more of the stock of said corporation;
B. The address and legal description of all property upon which the assembly is to be held together with the name, residence, and mailing address of the record owner(s) of all such property, together with a plan in form acceptable to the city development department showing the boundaries of the site and the location of all relevant health and sanitation facilities;
C. Proof of ownership of all property upon which the assembly is to be held or a statement made upon oath or affirmation by the record owner(s) of all such property that the applicant has permission to use such property for an assembly;
D. The nature or purpose of the assembly;
E. The total number of days and/or hours during which the assembly is proposed;
F. The maximum number of persons which the applicant shall permit to assemble at any time, not to exceed the maximum number which can reasonably assemble at the location of the assembly, in consideration of the nature of the assembly;
G. The maximum number of tickets to be sold, if any;
H. The plans of the applicant to limit the maximum number of people permitted to assemble;
I. The plans for fencing the location of the assembly and the gates contained in such fence or other method of restricting entrance to the assembly;
J. The plans for holding, collecting, and disposing of solid waste material;
K. The plans for providing toilet and lavatory facilities including the source, number, location and type, and the means of disposing of waste deposited;
L. When required, the plans for traffic control, mitigation, and management;
M. When required, the plans to provide for medical facilities including the location and construction of a medical structure, the names and addresses and hours of availability of physicians, nurses, and emergency medical technicians, and provisions for emergency ambulance service;
N. The plans, if any, to illuminate the location of the assembly including the source and amount of power and the location of lamps;
O. The plans for parking vehicles including size and location of lots, points of highway access and interior roads including routes between highway access and interior roads and the routes between highway access and parking lots, and the number of parking personnel, their deployment, and their names, addresses, credentials and hours of availability, or names, addresses and credentials of any established company providing such service;
P. If special permission is requested for multi-day activities, the plans for camping facilities, if any, including facilities available and their location;
Q. When required, the plans for security including the number of guards, their deployment, and their names, addresses, credentials and hours of availability, or names, addresses, and credentials of a bona fide security company providing such security;
R. When required, the plans for fire protection including the number, type, and location of all protective devices including alarms and extinguishers, and the number of emergency fire personnel available to operate the equipment;
S. The plans for food concessions and concessionaires who will be allowed to operate on the grounds including the names and addresses of all concessionaires and their license or permit numbers;
T. A signed statement from the zoning enforcement officer of the city that the plans of the applicant meet all applicable zoning laws;
U. A signed statement from the director of the Utah County health department that the plans of the applicant meet all state and local health requirements;
V. A copy of the insurance policy to be used as required by EMMC 12.30.020(M);
W. A signed statement from the county sheriff that the assembly will not substantially interrupt the flow of traffic or require the excessive diversion of police from other duties;
X. The plans for satisfying any other condition of license approval imposed by the city council.
The application shall include the cash deposit or bond required in EMMC 12.30.020(L); the deposit and the required license fee shall be paid in cash, certified check or money order. [Ord. O-30-2004 § 3; Ord. O-13-2001 § 3].
12.30.040 Soft containers required.
All beverages, including soft drinks, water, coffee and tea, must be dispensed in plastic, styrofoam, or paper containers. No bottles or metal cans will be permitted at the public assembly. [Ord. O-30-2004 § 4; Ord. O-13-2001 § 4].
12.30.050 Issuance.
A. All requirements of this chapter must be complied with prior to issuance of the license.
B. For large public assemblies under 5,000, within 30 days after receipt of a completed license application submitted to the city recorder, the city council may either (1) issue the license as applied for, or (2) provide the applicant with the reason(s) for denial. The applicant shall have the right to request reconsideration of any denial within 10 days of such denial and shall be accorded notice and an opportunity to be heard before the city council prior to any final decision on said reconsideration request.
C. For large public assemblies over 5,000, within 45 days of receipt of a completed license application form submitted to the city recorder, the city council shall either (1) issue the license as applied for, or (2) provide the applicant with the reason(s) for denial. The applicant shall have the right to request reconsideration of any denial within 10 days of such denial and shall be accorded notice and an opportunity to be heard before the city council prior to any final decision on a reconsideration request.
D. The city reserves the right to deny permit applications for proposed assemblies which pose a significant danger or threat to the public health, welfare, or safety, or which may result in unreasonable inconvenience or cost to the public. Failure to comply with the requirements of this chapter and the conditions necessary for issuing a license constitute grounds for revocation of the license, termination of the assembly, and denial of a license in the future.
E. Any applicant aggrieved by a decision of the city council denying a license may seek judicial review of such decision pursuant to Rule 65B of the Utah Rules of Civil Procedure, or any other applicable ordinance, statute or rule providing for such review. [Ord. O-30-2004 § 5; Ord. O-13-2001 § 5].
12.30.060 Revocation.
A. The license may be revoked at any time by a designated agent of the city if any of the conditions in the license are not complied with on a continuous basis during the event.
B. Except for revocation during the event, before revocation of a license, the applicant shall be entitled to notice and an opportunity to be heard before the city council.
C. Any applicant aggrieved by the decision of the city council to revoke a license may seek judicial review of such decision pursuant to Rule 65B of the Utah Rules of Civil Procedure, or any other applicable ordinance, statute or rule providing for such review. [Ord. O-30-2004 § 6; Ord. O-13-2001 § 6].
12.30.070 Enforcement.
A. Where an applicant has a history of complaints of noncompliance with large public assembly license conditions, the city council may, but is not required to, hire an independent monitor, at the expense of the applicant, to ensure that license requirements are met during the public assembly.
B. The provisions of this chapter may be enforced by injunction, restraining order or the legal process in any court of competent jurisdiction.
C. The holding of any assembly in violation of any provisions or conditions contained in this chapter shall be deemed a public nuisance and may be abated as such.
D. Any person who violates any provision of this chapter is guilty of a Class B misdemeanor. Each day of violation and each violation shall be considered a separate offense. [Ord. O-30-2004 § 7; Ord. O-13-2001 § 7].