Chapter 12.40
SPECIAL EVENTS ON CITY PROPERTY

Sections:

12.40.010    Definitions.

12.40.020    Permit requirement.

12.40.030    Repealed.

12.40.040    Permit issuance.

12.40.050    Liability.

12.40.060    Additional requirements.

12.40.070    Fee.

12.40.080    Interpretation.

12.40.090    Enforcement.

12.40.010 Definitions.

(1) “City property” herein means all City real property, including but not limited to recreational trails, City road rights-of-way and dedicated open space.

(2) “Special event permit” means a permit for the use of City property issued pursuant to this chapter.

(3) “Custodial Departments” means those City Departments whose function it is to manage and control City use of said rights-of-way or other City property. (Ord. 20-07 § 11; Ord. 38-02 § 2 (12.08.010))

12.40.020 Permit requirement.

(1) Special event permits shall be required for any use of City property except uses relating to utility permits or relating to City rights-of-way use or construction permits.

(2) Upon receipt of an application for a special event permit upon City property, the Community Development Department shall determine whether the proposed use is upon City-owned property.

(3) The Community Development Department shall forward the application to all City Departments for review.

(4) The City Departments shall review the application and forward their recommendation whether the permit shall be issued. If a Department recommends denial, the Community Development Department shall deny the permit.

(5) If there is no Department with jurisdiction over the City property, the Community Development Department shall evaluate the feasibility of the proposed use, its impact on other uses of the City property and its impact on public health and safety. Based on this evaluation, the Community Development Department shall determine whether the permit should be issued.

(6) In all cases, the Community Development Department shall develop recommendations on sensitive area issues and the Department shall be responsible for assuring that any application meets the requirements of the sensitive areas code set out in Covington Municipal Code and the administrative rules promulgated thereunder before the permit is issued. (Amended at request of department 2/08; Ord. 20-07 § 12; Ord. 38-02 § 2 (12.08.020))

12.40.030 Inspection fee.

Repealed by Ord. 20-07. (Ord. 38-02 § 2 (12.08.025))

12.40.040 Permit issuance.

(1) Upon filing of a complete application, necessary approval of said application and the payment of the administrative fee and posting of any required bond, the Community Development Department may issue a permit authorizing the special event use of City property by the permittee.

(2) The permit may require restoration of the City property to standards prescribed by the City in view of the nature and duration of the special event. In addition, conditions may be set by the Community Development Department to assure compliance of the permit with City policies, ordinances and other applicable laws and regulations.

(3) The permit applicant may be required to post a performance bond, consistent with the provisions of CMC Title 14, in an amount which will:

(a) Guarantee the special event will be in compliance with standards and conditions prescribed by the Public Works and Community Development Departments;

(b) Guarantee restoration of the City property to a condition consistent with the special event permit and the City’s own use of its property. (Amended at request of department 2/08; Ord. 20-07 § 14; Ord. 38-02 § 2 (12.08.030))

12.40.050 Liability.

The permit applicant shall be solely responsible for the adequate operation and maintenance of any improvements constructed by the permittee to the City property and shall assume liability for all injuries to persons or property as the result of activities pursuant to a special event permit. (Ord. 20-07 § 15; Ord. 38-02 § 2 (12.08.040))

12.40.060 Additional requirements.

(1) Survey. When considered necessary by the Community Development Department to adequately determine the limits of the City property, the permit applicant shall cause the City property to be surveyed by a licensed land surveyor. Such survey shall be recorded in accordance with the Survey Recording Act. The cost of such survey shall be paid by the permit applicant.

(2) Dedication. A permit applicant may be required to deed additional right-of-way across property under his authority when necessary to fulfill any City policy, ordinance or laws. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.08.050))

12.40.070 Fee.

(1) An applicant shall pay a nonrefundable application fee, as set forth in the current fee resolution, to recover the cost of processing the application. The Community Development Director shall have the authority to waive a permit fee when the waiver is in the best interest of the public health, safety, and welfare.

(2) The Community Development Department shall have the authority to charge an annual fee for uses of City property when determined by the Director to be appropriate considering the duration of the special event.

(3) The Community Development Department shall have the authority to require applicants to reimburse the City of Covington for all expenses to be incurred by the City of Covington as a result of issuance of a special event permit. Payment for such expenses shall be made at the time of permit issuance. (Amended at request of department 2/08; Ord. 20-07 § 16; Ord. 38-02 § 2 (12.08.060))

12.40.080 Interpretation.

Permits issued pursuant to this chapter shall not be construed to convey any vested right of ownership interest in any City property. (Ord. 38-02 § 2 (12.08.070))

12.40.090 Enforcement.

The Director of Community Development is authorized to enforce the provisions of this chapter. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.08.080))