95. ASSEMBLAGES

CHAPTER 95:  ASSEMBLAGES

 

 

Section

 

                                                              Special Event Gatherings

 

95.01     Purpose and findings

95.02     Definitions

95.03     Permit required

95.04     Application for permit

95.05     Issuance of permit, conditions, and posting

95.06     Exceptions to the permit

95.07     Enforcement

 

 

 

                                                      SPECIAL EVENT GATHERINGS

 

 

§ 95.01  PURPOSE AND FINDINGS.

 

The purpose of this subchapter is to protect the health, safety, and welfare of the citizens of this city by regulating the time, place, and manner of conduct of special events and by establishing permit requirements for conducting special events as such are herein defined. The City Council finds that special events often exceed the city’s capacity to provide usual city services. These city services include but are not limited to sanitary, fire, police, and utility services. The Council also finds these regulations necessary to ensure that the events are conducted with sufficient consideration given to public safety issues, including, among other things, the impact of these events on parking and vehicular traffic within the city.

(Prior Code, § 507.1)

 

 

§ 95.02  DEFINITIONS.

 

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

PERSON.  A natural person, association, organization, club, group formed for a common purpose, partnership of any kind, limited liability company, corporation, or any other legal entity.

 

SPECIAL EVENTS. An outdoor gathering of at least 100 individuals, whether on public or private property, assembled with a common purpose for a period of one hour or longer. SPECIAL EVENTS include but are not limited to concerts, fairs, carnivals, circuses, parades, flea markets, marathons, walkathons, festivals, races, bicycle events, celebrations, or any other gathering or events of similar nature. SPECIAL EVENTS do not include noncommercial events held on private property, such as graduation parties or social parties.

(Prior Code, § 507.2)

 

 

§ 95.03  PERMIT REQUIRED.

 

No person shall hold, conduct, or participate in a special event within the city, unless a permit has been issued for the event upon timely written application made to the city.

(Prior Code, § 507.3)  Penalty, see § 10.99

 

 

§ 95.04  APPLICATION FOR PERMIT.

 

(A)  Written application for special event permits must be made at least 30 days in advance of the event’s proposed date in a form prescribed by the City Council. This application period shall not begin to run until a complete application has been filed with the city. Application forms shall be made available in the office of the City Clerk/Treasurer.

 

(B)  A fee in the amount specified in the ordinance establishing fees and charges shall be paid to the city along with the completed application form. In addition to the fee, the applicant shall pay all additional costs incurred by the city as a direct result of the special event.

 

(C)  Failure to provide a complete application or to pay the fee, as herein required, is sufficient reason to deny the special event permit.

(Prior Code, § 507.4)

 

 

§ 95.05  ISSUANCE OF PERMIT, CONDITIONS, AND POSTING.

 

(A)  Special event permits will be issued upon City Council approval. The Council may attach reasonable conditions to the permit as are deemed necessary to protect the health, safety, and welfare.

 

(B)  The conditions may pertain to any of the following:

 

(1)   Location and hours during which the event may be held;

 

(2)   Sanitation/availability of potable water;

(3)   Security/crowd management;

 

(4)   Parking and traffic issues;

 

(5)   Emergency and medical services;

 

(6)   Clean‑up of premises and surrounding area/trash disposal;

 

(7)   Insurance;

 

(8)   Lighting;

 

(9)   Fire service/safety;

 

     (10)   Temporary construction, barricades/fencing;

 

     (11)   Removal of advertising/promotional materials;

 

     (12)   Noise levels;

 

     (13)   Alcohol consumption; and

 

     (14)   Any other conditions which the Council deems necessary.

 

(C)  Upon Council approval, the Clerk/Treasurer shall issue a permit to the person(s) named in the permit application. The permit shall clearly state the conditions, if any, imposed by the Council. Copies of the permit shall be posted in three prominent locations during the special event.

(Prior Code, § 507.5)

 

 

§ 95.06  EXCEPTIONS TO THE PERMIT.

 

The permit requirement contained in this section does not apply to the following:

 

(A)  Special events sponsored and managed by the city;

 

(B)  Funerals and funeral processions; and

 

(C)  The grounds of any school, playground, place of worship, hotel conference center, stadium, athletic field, arena, auditorium, or similar permanent place of assembly when used for regularly established assembly purposes.

(Prior Code, § 507.6)

 

§ 95.07  ENFORCEMENT.

 

(A)  Any permit holder violating any of the provisions of this subchapter relating shall be guilty of a misdemeanor and punished as provided in, and his or her permit is suspended immediately at the time of any arrest or citation for violating this subchapter.

 

(B)  Enforcement of this subchapter may, at the Council’s discretion, take any of the following forms:

 

(1)   Citation/criminal prosecution;

 

(2)   Injunctions, declaratory judgments or other civil remedies;

 

(3)   Permit revocation; and

 

(4)   Disbursement of persons gathered.

(Prior Code, § 507.7)