Chapter 9.40
SPECIAL EVENTS

Sections:

9.40.010    Definitions.

9.40.020    Special event permit.

9.40.030    Exemptions from permits.

9.40.040    Application – Form – Required information.

9.40.050    Special event permit fees.

9.40.060    Findings required.

9.40.070    Conditions to permit.

9.40.080    Prior application.

9.40.090    Notice of issuance or denial.

9.40.100    Appeal procedure.

9.40.110    Contents of permit.

9.40.120    Duty of permittee.

9.40.130    Revocation or suspension of permit.

9.40.140    Public conduct during a special events activity.

9.40.145    Cost recovery for unlawful special event.

9.40.150    Violation – Penalty.

9.40.160    Severability.

9.40.010 Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

A. “Special event” means:

1. A temporary or ongoing activity organized by any individual or organization that affects the ordinary use of parks, public streets, rights-of-way, sidewalks, traffic, etc. and will generate or invite considerable public participation and/or spectators;

2. An event that is reasonably expected to cause or result in more than 50 people gathering in a park or other public place;

3. An event that is reasonably expected to have a substantial impact on a park or other public place; or

4. An event held on private property that is reasonably expected to have a substantial impact by requiring city-provided emergency or protective services such as police, fire, public works or other city services.

B. “Parade” means a march or procession of any kind.

C. “Public meeting or assembly” means a planned or organized gathering of a group of persons, or any ceremony, demonstration, show, exhibition, dance or pageant, which may reasonably be expected to result in the gathering of a group of persons, upon any public street, park or other public grounds.

D. “Special expressive event” means a special event organized primarily to convey ideas, opinions, or thoughts through words or conduct. Examples of special expressive events include political demonstrations and/or rallies, picketing, and similar types of speech or conduct typically given a higher level of constitutional protection than commercial speech.

E. “City” shall refer to the city of Medina.

F. “City-operated event” means a public event which is directly related to a recognized governmental or proprietary city function and which is in major part initiated, financed and executed by the city of Medina.

G. “Co-sponsored event” means an event in which the city of Medina is merely listed as a co-sponsor, but does not carry a major share of the burden of initiating, financing and executing the event.

H. “Nonprofit event” means an event which is directly related to a nonprofit organization and which is in major part initiated, financed and executed by the nonprofit organization.

I. “For-profit event” means an event, which is operated by for-profit sponsors, which are beneficial to the city and the public.

J. “Commercial filming” means the process of video or film production of any location and/or activity, which is intended for use as public entertainment, documentary or educational purposes.

K. “Substantial impact” means creating an increase in the amount, scope or level of need for city-provided emergency or protective services such as police, fire or medical aid and/or necessitating special traffic control measures such as barricades, traffic direction by police, or similar measures above those that would normally be required without the event and that results in actual, documented costs to the city due to the event. (Ord. 910 § 1, 2014; Ord. 786 § 1, 2005)

9.40.020 Special event permit.

It shall be unlawful for any person to conduct or sponsor any special event as defined in this chapter unless and until a permit to conduct such special event has been obtained in compliance with the provisions of this chapter, except as herein provided. (Ord. 786 § 1, 2005)

9.40.030 Exemptions from permits.

The following special events shall be exempt from the requirement to obtain a permit:

A. Funeral processions;

B. A governmental agency acting within the scope of its functions;

C. Dances and other special events conducted by schools or churches;

D. Students going to and from school classes or participating in educational activities; provided, that such special event is authorized by the school district and is under the immediate direction and supervision of the school authorities authorized by the school district to approve and supervise such special event; and

E. Garage sales and rummage sales when conducted entirely upon private property. (Ord. 786 § 1, 2005)

9.40.040 Application – Form – Required information.

Any person desiring to apply for a special event permit shall do so by filing a written application therefor with the city clerk. The application shall be made on forms provided by the city and shall include, at a minimum, the following information:

A. The name, address and telephone number of the applicant;

B. The name, address and telephone number of the person who will be directly in charge of and responsible for the special event;

C. A full and complete description of the special event sought to be held and the duration of such special event;

D. The proposed location of the special event and the dimensions and plans for any structure to be erected or constructed in connection with the special event;

E. Whether the special event will require the use of any city street or right-of-way and if so, the location and dimensions of the proposed use, together with a statement as to the dimensions of remaining unobstructed street or right-of-way;

F. The approximate number of spectators and persons who will or are expected to participate in the special event and the number and kind of vehicles, equipment and animals which will be used;

G. If the permit sought is for the use of a city street not connected with a special event, a full and complete description of the use sought to be made of the street by the applicant and the duration of such use;

H. Plans for the assembly and dispersal of the special event, including times and locations thereof including setup/takedown times; and

I. Any additional information, which the city manager or city manager’s designee shall find reasonably necessary to a determination of the findings required by MMC 9.40.060. (Ord. 786 § 1, 2005)

9.40.050 Special event permit fees.

All applications shall be accompanied by a nonrefundable application fee as set forth in the city fee schedule. Special event permit fees shall not be imposed when all of the following conditions are met:

A. The activities are conducted by a nonprofit organization;

B. The activities are open to the public without discrimination;

C. The activities will benefit the public health safety or welfare; and

D. There is no charge for admission, participation, or a vendor fee (except for pledges for events such as a walkathon). (Ord. 786 § 1, 2005)

9.40.060 Findings required.

A. All permits issued under this policy shall be issued by the city manager or city manager’s designee. A permit may be issued to the applicant only if all of the following criteria and conditions for issuance are met:

1. The proposed special event will not unreasonably endanger the participants, spectators, or the public;

2. The proposed special event will not unreasonably interfere with vehicular or pedestrian traffic flow at the proposed location;

3. The concentration of persons, spectators, animals and vehicles will not unduly interfere with proper fire and police protection of, or ambulance service to, areas where the special event will take place or areas contiguous to such area;

4. The conduct of such special event will not unduly interfere with the movements of emergency response equipment en route to a call for service;

5. Such special event is not to be held for the sole purpose of advertising the goods, wares or merchandise of a particular business establishment or vendor;

6. Adequate plans for parking exist to meet the need generated by the proposed special event;

7. Proper arrangements have been made for setup/takedown and cleanup following the special event;

8. The proposed special event or proposed use of the street will not intrude onto or over any portion of a public right-of-way open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering vehicles or pedestrians. In addition, in the event the requested permit involves encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of three feet of unobstructed sidewalk or other walkway shall be maintained at all times;

9. If the special event or use of the street involves an obstruction of a portion of a public sidewalk or other walkway, the city manager shall establish the specific period of the permit;

10. In the case of special events such as fun runs, marathons, etc., or in the case of any street use which requires the closure of any public street or walkway, the proposed event or use will not require closure for a period longer than that established by the city manager;

11. Whenever the requested permit is for an action which will require the use of any city street, or other city property, whether or not such use is connected with a special event, the applicant must agree to indemnify, defend and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted special event or use;

12. Whenever the requested permit is for an action which will require the use of any street or other city property, whether or not such use is connected with a special event, the applicant must secure and maintain in full force and effect throughout the duration of the permit comprehensive general liability insurance for bodily injury and property damage in such amounts as the city manager deems necessary, and shall have the city of Medina named as an additional named insured on the policy of insurance, which shall include a provision prohibiting cancellation of said policy except upon 30 days’ prior written notice to the city;

13. Whenever any special event or other use requires provision of additional city services, including, but not limited to, the employment of police officers to direct or block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection services, the applicant shall agree to reimburse the city for the same; and

14. Such other and further conditions as the city manager deems necessary to reasonably ensure that the proposed special event does not in any way create a likelihood of endangering those who may participate or be spectators.

B. If any of the above criteria are not met by the proposal, the city manager shall deny the permit or may issue the permit with such conditions as the city manager deems necessary for the application to meet all of the criteria set forth above.

C. All conditions of the permit shall be subscribed on or attached to the permit.

D. Notwithstanding any provisions in this chapter, the city may only impose constitutionally permissible time, place and manner restrictions on special expressive events as are necessary to protect the public health, safety and welfare. (Ord. 786 § 1, 2005)

9.40.070 Conditions to permit.

The city manager or city manager’s designee may prescribe conditions to the issuance of a permit, including, but in no way limited to the following:

A. Execution of an agreement to indemnify and hold the city harmless from and on any claim that may be made or brought against the city for loss, injury or damage to any persons or property arising out of or in connection with the special event.

B. Entry forms for special event participants that require each individual participant to release the city from liability that might be occasioned on account of any injury to the participant or damage to the participant’s property, except those which occur due to the city’s sole negligence. If the special event will involve minors, said entry form shall provide for a release of such liability on behalf of the minor, by the minor and the minor’s parents or guardian.

C. Requirement(s) for the prompt and orderly removal of any signs, booths, barricades and any other articles or items erected or used in connection with the special event and any trash or debris occasioned by the special event.

D. Reimbursement, upon presentment of the city’s statement, for all reasonable costs incurred by the city for expenditure of funds, manpower or equipment to ensure the safe and orderly conduct of special event or disassembly or removal of any articles erected or used in connection with the special event or collection of trash or debris occasioned by the special event. The city manager may waive such reimbursement if such waiver does not constitute a gift of public funds and, in the opinion of the city manager, the imposition of such fee will create an undue hardship for the applicant.

E. Provision of a performance bond or cash deposit, in an amount to be set by the city manager or city manager’s designee to ensure that all of the findings and conditions to the permit exist and/or have been met during the continuation of or after the special event, including without limitation, to ensure that the expenses of cleaning up will be paid by the sponsoring organization. The city manager or city manager’s designee shall determine the bond amount by such factors as type of event, projected number of participants and spectators, and the sponsor’s experience. (Ord. 786 § 1, 2005)

9.40.080 Prior application.

If a prior permit application shall have been made for a special event proposed to be held at the same time or place, the city manager or city manager’s designee may refuse approval of the later application. In case of such refusal, written notice shall be sent to the applicant with the opportunity to apply for an alternate time, date and/or place. (Ord. 786 § 1, 2005)

9.40.090 Notice of issuance or denial.

The city manager or city manager’s designee shall act upon the permit application within 10 business days of the filing thereof. If the permit application is denied, a written notice of the decision, including reason(s) for the decision, shall be mailed to the applicant no later than five business days after the decision has been made. (Ord. 786 § 1, 2005)

9.40.100 Appeal procedure.

All decisions of the city manager with respect to issuance, denial, revocation or suspension of any permit under this policy shall be final unless appealed by any aggrieved party to the city council. A notice of appeal shall be filed with the city clerk within two business days after receipt of notice of denial or date of posting of the notice of decision. The city council shall act upon the appeal at its next regularly scheduled meeting following receipt of the notice of appeal. (Ord. 786 § 1, 2005)

9.40.110 Contents of permit.

Conditions to the issuance of any permit shall be set forth in the permit. (Ord. 786 § 1, 2005)

9.40.120 Duty of permittee.

A. A permittee hereunder shall comply with all terms and conditions of said permit and with all applicable laws and ordinances.

B. The written permit obtained pursuant to this policy shall be carried on-site at the special event at all times during the special event by the person heading or leading the special event for which the permit was issued. (Ord. 786 § 1, 2005)

9.40.130 Revocation or suspension of permit.

A. All permits issued pursuant to this policy shall be temporary, shall vest no permanent rights in the applicant, and may be revoked by the city manager or city manager’s designee as follows:

1. The permit may be immediately revoked by the city manager or city manager’s designee in the event of a violation of any of the terms or conditions of the permit or any provision of the Medina Municipal Code; or

2. The permit may be immediately revoked by the city manager or city manager’s designee in the event the permitted special event or street use shall become, for any reason, dangerous to person or property, or if any structure or obstruction permitted becomes insecure or unsafe; or

3. The permit may be revoked by the city manager or city manager’s designee upon 30 days’ notice if the permit was not for a specified period of time and is not covered by either of the preceding subsections.

B. If any event, use or occupancy for which the permit has been revoked is not immediately discontinued, the city manager or city manager’s designee may remove any structure or obstruction, or cause to be made, without obligation to do so, such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, or adjourn any special event. The cost and expense of such removal, repair or adjournment shall be assessed against the permittee, including all professional fees associated with enforcement of the collection of the same. (Ord. 786 § 1, 2005)

9.40.140 Public conduct during a special events activity.

A. It is unlawful for any person to unreasonably obstruct, impede or interfere with any special event or with any person, vehicle or animal participating in such special event for which a permit has been granted in accordance with the provisions of this policy.

B. The city manager or city manager’s designee shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street, highway, roadway or alleyway or part thereof constituting part of the route of the special event. (Ord. 786 § 1, 2005)

9.40.145 Cost recovery for unlawful special event.

Whenever a special event is conducted without a special event permit when one is required or is conducted in violation of the terms of an issued special event permit, the event organizer shall be responsible for, and the city shall charge the event organizer for, all city costs incurred as a result of the adverse impacts of the special event or the violation of the special event permit, including the city’s collection costs and attorneys’ fees related to cost recovery. (Ord. 910 § 2, 2014)

9.40.150 Violation – Penalty.

Any person convicted of a violation of this policy shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a period not to exceed six months, or both such fine and imprisonment. In addition, each and every day during which any violation of any provision of this policy is committed, continued or permitted by any person or organization constitutes a separate offense. (Ord. 786 § 1, 2005)

9.40.160 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 786 § 1, 2005)