Chapter 19
SPECIAL EVENTS
Articles:
19-4 Special Event Regulations
Article 19-1
General
Sections:
Section 19-1-1 Purpose
The purpose of this chapter is to set forth regulations for special events in the city and standards for the issuance of special events permits in order that public safety, health and general welfare are protected. (Ord. 13-184 § 1)
Section 19-1-2 Definitions
A. “Exhibition” means an outdoor display of items, including but not limited to vehicles, agricultural products, homemade items, arts or crafts, whether for sale or not.
B. “Fair” or “carnival” means a gathering of stalls, amusements, rides, sideshows, games of skill, and/or vendors for public entertainment.
C. “Festival” means a recreational, social, educational or cultural activity that includes activities such as rides, animal events, art shows, cultural exhibitions and/or live music in an outdoor setting.
D. “Musical concert” means a performance of music for an audience primarily attended by members of the public, whether or not there is an entrance fee.
E. “Sporting event” means a competition or activity involving more or less vigorous bodily exertion including but not limited to football, baseball, basketball or golf.
F. “Special event” means any of the following that occur no more than one time a month and to which the public is invited or allowed to participate:
1. Outdoor musical concerts, festivals, fairs, carnivals or exhibitions.
2. Sporting events which require the use of public streets or other public property. (Ord. 13-193 § 1; Ord. 13-184 § 1)
Article 19-2
Issuance of Permits
Sections:
19-2-2 Application Fee; Permit Fee
19-2-4 Authority to Waive Fees and Deposits
Section 19-2-1 Permits Required
A. No person may conduct a special event without having first obtained a special event permit from the city. Exhibitions, fairs, carnivals, festivals, musical concerts and sporting events that will occur more than one time per month shall first obtain a temporary use permit pursuant to Section 20.01, 21.01, 22.01 or 23.01 of the Zoning Code.
B. A special event permit is not required for outdoor festivals and fairs conducted by a residential homeowners association when the activities occur entirely within the boundaries of the subdivision governed by the homeowners association, are organized primarily for the benefit of association members, generate minimal outside traffic, and do not benefit any outside organization. When such an activity is proposed, the association shall provide prior notice to the city manager and shall contact the fire and emergency services provider of the city to assure that life safety considerations have been adequately addressed. Any closure of a street requires approval by the council.
C. Applications for special events shall be submitted to the city manager at least thirty days prior to the scheduled start of the special event. The application shall be on a form provided by the city and shall include a site plan depicting existing facilities and proposed temporary facilities and activities, the plans required by Sections 19-3-1 through 19-3-7, and any other information required by Article 19-3.
D. The city manager shall review the application for completeness and notify the applicant of any incomplete items within five working days of the receipt of the application. The city manager shall approve, approve with modifications or conditions, or deny the application within ten working days of receipt of a complete application if the application does not comply with the requirements of this chapter.
E. The city manager may deny an application for a special event permit if:
1. The application contains a misrepresentation, false or misleading statement, evasion or suppression of a material fact.
2. Another special event has been approved to occur on the same day in the same area or traffic circulation would be impeded or public safety would be compromised by having two or more special events in the same area.
3. The application does not comply with this article and all other applicable codes, ordinances or other laws.
4. The proposed special event is unlawful or constitutes a public nuisance.
F. A decision of the city manager to deny an application under this subsection may be appealed to the city council in accordance with Section 19-2-5.
G. The special event permit shall include the approved duration of the special event.
H. The special event permit shall be displayed at the special event site in a conspicuous location for the duration of the special event. (Ord. 13-184 § 1)
Section 19-2-2 Application Fee; Permit Fee
A. No application fee shall be charged for special event permits.
B. Special event permit fees in the amount of fifteen dollars per vendor up to a maximum of one thousand dollars shall be paid by the special event applicant. (Ord. 13-193 § 1; Ord. 13-184 § 1)
Section 19-2-3 Deposit Required
Special event applicants for special events to be held on public property shall file with the city a deposit in the amount of five hundred dollars. The deposit shall be refundable to the applicant after the city determines that all conditions and requirements associated with the approved application and this article have been met. At a minimum, the list of vendors required by Section 19-3-10 shall be submitted and the special event site and all streets and other property used by or affected by the special event shall be restored to their original condition, including but not limited to removal of debris and waste. The city manager may require a greater deposit if he determines that the size or nature of the special event warrants a greater deposit. (Ord. 13-193 § 1; Ord. 13-184 § 1)
Section 19-2-4 Authority to Waive Fees and Deposits
The city council may waive the permit fee for a special event solely sponsored and operated by, or in which the entire proceeds accrue to, an entity which is exempt from federal income taxation under Section 501(c) of the Internal Revenue Code of 1986. No such waiver shall be granted where a for-profit entity is involved in organizing or operating the special event. (Ord. 13-184 § 1)
Section 19-2-5 Appeal to City Council
A. If the city manager denies an application for a special event, the applicant may appeal the decision to city council by written request stating the reasons thereof filed with the city clerk within ten days after the notice of denial is received.
B. An appeal hearing shall be held by city council within thirty days after receipt of an appeal. The applicant shall be provided written notice of the appeal hearing at least five days prior to the hearing. At the hearing all parties shall have the right to be represented by counsel, to present testimony and evidence and to cross-examine witnesses. The proceedings shall be recorded and transcribed at the expense of the party so requesting. The city council shall by majority vote of members present render a written decision based on findings of fact and the application of the standards herein which shall be mailed to the applicant. The decision of the council shall be final. (Ord. 13-184 § 1)
Section 19-2-6 Duration of Permit
A special event permit shall be valid for the approved duration of the special event. (Ord. 13-184 § 1)
Section 19-2-7 Extensions of Permit
The city manager may grant an extension of the permit provided the applicant submits, in writing, a request for such an extension prior to the end of the special event. (Ord. 13-184 § 1)
Article 19-3
Contents of Applications
Sections:
19-3-2 Traffic Circulation and Parking
19-3-11 Inspection Required; Re-inspection Fee
Section 19-3-1 Security and Safety
The application for a special event with a duration of more than four hours shall include the following information and provide for the following:
A. Crowd Control Plan. The crowd control plan shall include a minimum of two off-duty sworn public safety officers or other security personnel, approved by the city manager in consultation with the city’s police agency, to monitor crowd control. Such security shall be provided for special events anticipated to generate between two hundred and one thousand persons and one additional officer or other approved security personnel for every anticipated one thousand persons thereafter. The city manager has the authority to determine the anticipated number of persons in attendance. The above minimum requirements may be increased or reduced upon authorization of the city manager in consultation with the city’s police agency.
B. City Codes. A plan to address all fire and life safety concerns and the provisions of the city’s building and other life safety codes. The city manager and the fire and emergency services provider for the city shall determine the appropriate number of fire and medical personnel needed to provide fire prevention and medical coverage. (Ord. 13-193 § 1; Ord. 13-184 § 1)
Section 19-3-2 Traffic Circulation and Parking
The application for a special event with a duration of more than four hours shall include the following information and provide for the following:
A. Traffic Circulation. A plan for traffic circulation and control, including provisions for emergency vehicle access before, during and after the event, for each day of the event. The adequacy of the plan shall be determined by the city manager and the fire and emergency services provider for the city. The city manager’s office has the authority to determine the level of law enforcement personnel needed to regulate traffic associated with the event. The cost of such traffic control shall be paid by the applicant of the event. A copy of the contract with such law enforcement personnel shall be submitted to the city manager at least seven days prior to the special event. No special event shall be conducted without law enforcement personnel as required by the city manager.
B. Parking. A plan to address anticipated parking demands. Parking along the shoulder of any major arterial road is prohibited. Vehicles shall not be parked in any manner that would create a traffic hazard as determined by the city manager. (Ord. 13-193 § 1; Ord. 13-184 § 1)
Section 19-3-3 Noise
A. If amplified music is to be produced at the special event, a plan shall be prepared that assures that the sound levels shall not disturb the peace and quiet of residents of the city. The plan shall include sufficient information so that the city manager may determine whether the sound will be heard by residents in residential neighborhoods. Such information shall include: the decibel level of the sound measured one meter from the source of the amplified sound, the location and direction of the source of the amplified sound, and the distance from the source of the amplified sound to the nearest residential property line. Sound levels shall not exceed one hundred dB at the house mix position of the amplified sound, or fifty-eight dB measured at the nearest residential property line. The city manager is authorized to determine compliance with the sound level standards by taking the measurement with a digital sound level meter with one and one-half dB accuracy meeting the ANSI and IEC 6.51 T II standard.
B. The applicant may request in his application that the maximum sound level at the house mix position of the amplified sound as set forth in subsection (A) of this section be increased. Such application shall include proposed mitigating measures to contain the sound on the site of the special event. The city manager may, after consultation with a noise or sound professional, modify the maximum sound level at the house mix position of the amplified sound only if he determines that the sound level will not exceed fifty-eight dB measured at the nearest residential property line. The required measures and the adjusted maximum sound level at the house mix position of the amplified sound shall be set forth in the special event permit. (Ord. 13-193 § 1; Ord. 13-189 § 1; Ord. 13-184 § 1)
Section 19-3-4 Toilet Facilities
The application for a special event with a duration of more than four hours shall include a plan for adequate toilet facilities. The plan shall provide for a minimum of three toilet facilities per one thousand persons anticipated to attend the special event. The city manager may approve variations from these standards based on the length of the event, the spatial characteristics of the event, or other factors or considerations. All toilet facilities shall comply with Americans with Disabilities Act accessibility guidelines. (Ord. 13-193 § 1; Ord. 13-184 § 1)
Section 19-3-5 Solid Waste Disposal
The application for a special event to be held on public property shall include a plan for collection and disposal of solid waste and litter and for disposal of grease barrels for cooking oil. Separate containers shall be provided for the collection of recyclable materials. All solid waste, litter and recyclable materials shall be removed from the site within twenty-four hours following the event. For multiple day events, the grounds shall be maintained during each day of the event with no on-site accumulations which would create a nuisance or pose a health hazard. All solid waste shall be deposited at the appropriate county landfill by an approved garbage operator. (Ord. 13-193 § 1; Ord. 13-184 § 1)
Section 19-3-6 Electrical Hookups
The application shall include a plan for any electrical work required, including the use of a generator for the provision of electric service. All wiring shall be installed in compliance with the provisions of the National Electric Code and the city’s electrical code and be approved by the building inspector. (Ord. 13-184 § 1)
Section 19-3-7 Temporary Structures
The application shall set forth the plans for temporary structures, including but not limited to tents, stages, scaffolding and platforms. Such temporary structures shall be erected in compliance with the provisions of the city of Litchfield Park’s building codes and be approved by the building inspector. No temporary structure shall be situated in such a manner that it could create a traffic hazard. (Ord. 13-184 § 1)
Section 19-3-8 Street Closures
If the special event requires closure of any public streets, approval by the city council shall be obtained prior to issuance of the special event permit. (Ord. 13-184 § 1)
Section 19-3-9 Use of Alcohol
If the special event will include sale, use or distribution of alcohol on public property, approval by the city council shall be obtained prior to the issuance of the special event permit. (Ord. 13-184 § 1)
Section 19-3-10 Vendors
If the special event will include vendors, the applicant shall provide a list of the vendors to the city manager at least seven days prior to the special event and shall submit an updated list to the city manager within seven days following the special event. (Ord. 13-184 § 1)
Section 19-3-11 Inspection Required; Re-inspection Fee
Prior to the opening of the special event, the applicant shall call for an inspection to assure compliance with all permitting conditions. If the building inspector or the fire marshal finds that any permitting conditions have not been met, he shall notify the applicant of the required corrections. The building inspector shall re-inspect the special event site without further charge. If extra inspections are required for any of the following reasons, a charge of fifty dollars shall be made for each re-inspection:
A. Wrong address;
B. Repairs or corrections not made when inspections are requested;
C. The site is not ready for inspection when called. (Ord. 13-184 § 1)
Article 19-4
Special Event Regulations
Sections:
Section 19-4-1 Compliance
A. A condition of the permit shall be compliance with the plans approved with the application pursuant to Sections 19-3-1 through 19-3-7 for the duration of the special event.
B. A condition of the permit shall be compliance with all applicable city ordinances and all applicable county, state and federal laws and regulations. (Ord. 13-184 § 1)
Section 19-4-2 Hours of Operation
The hours of operation of the special event shall be as set forth on the special event permit. Amplified sound shall not begin before 9:00 a.m. nor extend beyond 10:00 p.m. The city manager may approve adjustments to hours of operation and hours of amplified sound based upon individual circumstances. (Ord. 13-184 § 1)
Article 19-5
Revocation of Permit
Sections:
19-5-1 Grounds for Revocation of Permit
Section 19-5-1 Grounds for Revocation of Permit
A. A special events permit may be revoked by the city manager for the following:
1. Failure to comply with the plans approved pursuant to Sections 19-3-1 through 19-3-7.
2. Failure to comply with the requirements of this chapter.
3. Failure to comply with applicable city ordinances and county, state and federal laws and regulations.
B. A notice of revocation shall be delivered or mailed by first class mail to the permittee. All activities associated with the special event shall immediately cease as of the date of the notice. (Ord. 13-184 § 1)
Section 19-5-2 Appeal of Revocation
A. If a special event permit is revoked, an appeal to the city council may be filed following the same procedures as set forth in Section 19-2-5. The filing of an appeal shall not stay the decision to revoke the special events permit.
B. The city clerk shall set a time and place for a hearing before the council on such appeal, to be held within thirty days from the filing date of the appeal. Notice of such hearing shall be mailed by the city clerk to the appellant setting forth specifically the time and place of the hearing.
C. The decision of the city council on appeal shall be final. (Ord. 13-184 § 1)
Article 19-6
Penalties
A. Any person who violates any section of this chapter shall be subject to the penalties set forth in Article 1-8 of this code.
B. Nothing provided herein shall be construed to limit the authority or ability of the city to seek civil injunctions to prohibit violations of this chapter or any other lawful remedy, in addition to the criminal penalties set forth in this article. (Ord. 13-193 § 1; Ord. 13-184 § 1)