Chapter 16.130
COMMERCIAL USE OF TOWN PROPERTY, RIGHTS-OF-WAY AND OTHER AREAS
Sections:
16.130.030 News, filming and photography exemptions.
16.130.070 Permit denial or revocation.
16.130.010 Definitions.
As used in this chapter, the following terms are defined as indicated:
“Commercial activity” means and includes all activity intended to result in an economic benefit to an entity other than a governmental or other nonprofit entity, including but not limited to staging or shooting commercial motion pictures, television shows or programs, television commercials, and commercial photography, or making commercial advertisements or similar materials. [Ord. 778 § 1, 2011].
16.130.020 Permit required.
No person shall use any town street, alley, sidewalk, park, way, or other public property owned or controlled by the town for the purpose of commercial activity, including but not limited to taking commercial motion pictures, television pictures, commercials, or commercial still photography, without first applying for and receiving a permit from the town manager, subject to the following regulations. [Ord. 778 § 1, 2011].
16.130.030 News, filming and photography exemptions.
This chapter shall not apply to or be construed to affect:
(a) Reporters, photographers, or cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the-spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest;
(b) The filming or videotaping of motion pictures or still photography solely for private individual or family use; or
(c) Projects which qualify as charitable, in the discretion of the town manager. [Ord. 778 § 1, 2011].
16.130.040 Application.
An application for commercial activity under this chapter must be filed at least three business days prior to the first day of the proposed activity. Each application must include:
(a) The name, address, and telephone number of the person or persons in charge of such commercial activity;
(b) A general statement of the character or nature of the proposed activity;
(c) The specific address or place of the activity;
(d) The inclusive hours and dates such activity will transpire;
(e) The number of personnel to be involved;
(f) The number and type of vehicles and equipment to be involved;
(g) Use of any animals, pyrotechnics, or other matters that may present a danger to those involved in the activity or to the public; and
(h) Such additional information as the town manager may reasonably require. [Ord. 778 § 1, 2011].
16.130.050 Fees and costs.
(a) The applicant shall pay to the town the reasonable fees associated with the application and the commercial activity involved, including but not limited to:
(1) Administrative staff time to process, issue, and monitor the application and the subsequent commercial activity at the rate of $35.00 per hour.
(2) Police time to facilitate the commercial activity at the rate of $45.00 per hour.
(b) In his or her discretion, the town manager may require a deposit in the amount of the anticipated fees prior to issuing the permit. [Ord. 778 § 1, 2011].
16.130.060 Permit approval.
(a) The town manager shall issue a permit under this chapter if the town manager finds that the following criteria have been met:
(1) To the extent the proposed use of the property is governed by or subject to any other permit procedures or regulations provided elsewhere in this code or other applicable laws, rules, or regulations, such permit procedures or regulations have been fully complied with by the applicant;
(2) The activity will not substantially interrupt public transportation or other vehicular or pedestrian traffic in the area of its location;
(3) The activity will not conflict with construction or development in the public right-of-way or at a public facility;
(4) The activity will not require diversion of public safety or other town employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the town;
(5) The concentration of persons, animals, vehicles or equipment will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;
(6) The activity will not unreasonably interfere with any other activity for which a permit has already been granted or other scheduled events or scheduled government functions;
(7) The adverse impact upon residential or business access and traffic circulation in the general area of the activity can be reasonably mitigated; and
(8) The activity will not have a significant adverse impact on the environment.
(b) The town manager may refer the application to the board of trustees for review and approval or denial. [Ord. 778 § 1, 2011].
16.130.070 Permit denial or revocation.
(a) The town manager may deny any application for a permit or revoke any permit if he/she finds any of the following:
(1) The activity does not or ceases to meet the criteria set forth in GMC 16.130.060;
(2) The location of the activity will cause undue hardship to adjacent businesses, residents, or users of public areas;
(3) The application contains incomplete, false, or misleading information;
(4) The applicant fails to comply with all terms of this chapter including failure to remit all fees and deposits, or failure to provide proof of insurance or an indemnification agreement as required by this chapter; or
(5) The proposed or actual activity would present or presents an unreasonable danger to the health or safety of any applicant, spectator, town employee, or member of the public.
(b) An event organizer whose permit application is denied or revoked pursuant to this section shall be immediately notified of the action of denial or revocation, which notification shall contain a statement setting forth the reasons for said denial or revocation as well as a reference to the appeal provisions set forth in GMC 16.130.080. Notification, pursuant to this subsection, shall be deemed sufficient when the notice is placed, postage prepaid, in the United States mail, certified, return receipt requested, and addressed to the applicant at the address shown on the permit application or hand delivered to the applicant. [Ord. 778 § 1, 2011].
16.130.080 Appeals.
If the permit is denied by the town manager, the applicant shall have the right to appeal such denial to the board of trustees. Such appeal must be made in writing and filed with the town clerk within 15 days of the date the notice of denial is mailed or otherwise provided to the applicant. Such appeal shall be heard by the board of trustees within 60 days of the date it is filed at a regular or special meeting of the board. The board of trustees’ decision shall be reflected in a written resolution duly adopted by the board. [Ord. 778 § 1, 2011].
16.130.090 Insurance.
(a) Every permittee shall provide insurance and bonds acceptable to the town manager in his reasonable discretion.
(b) If the town manager determines that a particular use, event, or activity related to the permit does not present a substantial or significant public liability or risk of property damage for the town or its officers, agents, and employees, the town manager may waive all or part of the insurance requirements of this section. Such waiver shall be provided in writing.
(c) Each permit shall expressly provide that the permittee agrees to defend, protect, indemnify, and hold the town, its officers, employees, and agents free and harmless from and against any and all claims, damages, expenses, loss, or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents, or employees in connection with the permitted activity; and the permit shall expressly provide that the permittee shall, at permittee’s own cost, risk, and expense, defend any and all claims or legal actions that may be commenced or filed against the town, its officers, agents, or employees, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the town, its officers, agents, or employees as a result of the alleged acts or omissions of permittee or permittee’s officers, agents, or employees in the connection with the uses, events and activities under the permit. [Ord. 778 § 1, 2011].
16.130.100 General permit conditions.
Any applicant granted a permit pursuant to this chapter shall comply with all of the following conditions:
(a) The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. Upon completion of the activity, the areas used for the activity shall be returned to the original condition before leaving the site.
(b) The permittee shall comply with such other conditions as may be added to the permit by the town manager in the exercise of his reasonable discretion, in order to protect the public health, safety and welfare, as well as the assets of the town. [Ord. 778 § 1, 2011].
16.130.110 Penalty for violation.
Repealed by Ord. 822. [Ord. 808 § 1, 2014; Ord. 778 § 1, 2011].