HomeMy WebLinkAboutOrdinance 5765 11/21/1994
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ORDINANCE NO.
5765
(GENERAL)
AN ORDINANCE AMENDING ARTICLE 8 "SPECIAL EVENTS" OF CHAPTER VIII
BUSINESS LICENSES, AND SECTIONS 8-8-1, 8-8-2, 8-8-3, 8-8-4, 8~8-5,
8-8-6, 8-8-7, 8-8-8, 8-8-9, 8-8-10, 8-8-11 and 8-8-12 OF THE
SPRINGFIELD CODE PERTAINING TO SPECIAL EVENTS.
THE CITY OF SPRINGFIELD, OREGON DOES ORDAIN AS FOLLOWS:
Article 8 "Special Events" of Chapter VIII "Business
Licnses", sections 8-8-1, 8-8-2, 8-8-3, 8~8-4, 8-8-5, 8-8-6,
8-8-7, 8-8-8, 8-8-9, 8-8-10, 8-8-11 and 8-8-12 is hereby amenqed
as follows:
"8-8-1 Definitions.
(1) "Special event" means any activity which occurs upon
private or public property that will affect the ordinary
use of public property, public streets, rights-of-way or
sidewalks, and will require the City to incur
extra-ordinary costs for personnel, materials, and
services. A special event includes, but is not limited to
fairs, festivals and block parties. Demonstrations and
other such lawful assemblies, including but not limited to
private social gatherings which will make no use of City
streets other than for lawful parking, are not included.
(2) "Special event permit" is a permit required by this
article of the springfield Code.
(3) "Person" is any person, firm, partnership,
association, corporation, company or organization of any
kind.
(4) "Application fee" is a nonrefundable fee required for
the processing of an application for a special event
permit.
(5) "Extra-ordinary personnel, materials and services
charge" is the sum total of the costs related to the
management by the City of Springfield of the special event
that are in excess of the ordinary management cost2 of the
City of Springfield for the ordinary and usual use of
public property, public streets, rights-of-way and
sidewalks. The extra-ordinary personnel, materials and
services charge does not include the nonrefundable
application fee. The extra-ordinary personnel, materials
and services charge shall be calculated pursuant to the
procedures outlined in section 8-8-4.
Ordinance - Business Licenses/Article 8. Special Events - 1 -
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8-8-2 Permit Required.
(1) No person shall conduct a special event that affects
the ordinary use of public property, public streets,
rights-of-way or sidewalks without first having obtained a
special event permit from the City of Springfield. Any
person may apply for a special event permit.
(2) If the special event is to include a parade as that
term is defined at section 6-2-1 of the Springfield Code,
then a parade permit shall also be required in addition to
the special event permit. The City may require other
permits if the special event will include other activities
requiring permits or licenses under the applicable sections
of the Springfield Code. The need for other permits shall
be determined by the City during the departmental review
process under section 8-8-4.
(3) The granting of a special event permit shall not
relieve any person of the responsibility to satisfy all
code requirements respecting the manner in which the
special event is conducted.
8-8-3 Permit Application and Fee.
(1) An application for a special event permit shall be
submitted to the City Manager or the City Manager's
designee on a form supplied by the City of springfield.
The application shall be submitted with a nonrefundable
payment of $75 not less than 30 days prior to the proposed
event. Applicants may file an application as early as
desired by the applicant.
(a) Each application submitted shall be evaluated on
its own merits and there shall be no presumption that
special events occurring annually or otherwise periodically
will qualify for a subsequent special event permit.
(b) City-recognized Neighborhood Organizations,
Neighborhood Watch and Block Homes are exempt from the
requirement of submitting an application fee with their
application.
(c) If the special event is to include a parade or
other activities requiring permits or licenses, no
additional application fee will be required.
(2) The application shall include, but need not be
restricted to, the following information:
(a) The names, local addresses and telephone numbers
of all sponsors and organizers of the event;
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(b) Whether or not the sponsors and organizers are or
include a nonprofit entity that qualifies for tax exemption
under section 501 of the Internal Revenue Code;
(c) The precise nature of the event for which the
permit is sought;
(d) The date(s) of the event;
(e) The date(s), times and specific locations of each
of .the activities anticipated to occur as part of the
event;
(f) If applicable, a clear statement of the specific
reasons the applicant believes the event is a community
event which will significantly contribute to, and benefit,
the Springfield community;
(g) If applicable, a clear statement of the
opportunities for city-wide citizen participation in the
event;
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(h) The location, number and kind(s) of booths and
displays, if any, anticipated for the event,. including but
not limited to, informational booths, display booths,
booths of non-profit organizations intended to raise money,
for-profit money raising booths, food and refreshment
booths, amusement stands and street vendors;
(i) Whether or not alcoholic beverages will be
available as part of the event at other than regularly
licensed and permanently located establishments. If
alcoholic beverages will be available at other than
regularly licensed and permanently located establishments,
the applicant shall identify the specific arrangements for
dispensing, security and confinement, including a diagram
indicating dispensing locations, ingress, egress and
location of any security personnel. The applicant shall
obtain all required Oregon Liquor Control Commission (OLCC)
approvals and state licenses, and shall provide proof of
having obtained the same prior to the final approval of the
special event permit;
(j) Any arrangements which the applicant has made
with respect to traffic control, fire suppression,
restrooms, use of City facilities, crowd control and
blocking of any streets, alleys or sidewalks;
(k) The applicant's arrangements for litter control,
site cleanup and trash removal;
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(1) Whether or not the applicant has obtained
liability insurance for the event. If such insurance has
Ordinance - Business Licenses/Article 8. Special Events - 3 -
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been obtained, the application shall indicate the policy
face amount, the policyholder(s), and all additional
insured and loss payees.
(3) The City Manager or the City Manager's designee may
require such other information as the City Manager or the
designee deems reasonably necessary to determine that the
permit meets the requirements of this Article.
8-8-4 Departmental Review and Cost Analvsis, Insurance and
Issuance of Permit.
(1) Upon receipt of an application, the City Manager or
designee shall route copies of the completed application to
the Risk Manager and to the following departments for
review, comment and any proposed conditions: police, fire
and life safety, public works, development services, and
the City Manager's office.
(2) The Risk Manager will review the application for
evidence of sufficient insurance and shall require
additional insurance for the proposed special event as the
Risk Manager determines is reasonable and necessary.
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(a) Applicants shall be required to obtain a
performance bond or present evidence of surety indemnity
bond or comprehensive liability insurance naming the City
of Springfield as an additional insured. . The insurance
requirement shall be set by the Risk Manager during the
application review process.
(b) If alcoholic beverages will be available at other
than regularly licensed and permanently located
establishments, the applicant shall be required to obtain
additional insurance to that otherwise required, and in an
amount to be determined and set by the Risk Manager during
the application review process.
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(3) Each department shall determine the departmental
activity, if any, required for the special event and shall
itemize the projected extra-ordinary expenses that the city
will incur for the departmental activity that is in
addition to the expenses incurred for the management of the
ordinary and usual uses of public property, pUblic streets,
rights-of-way or sidewalks. The itemized extra-ordinary
expenses shall include but not be limited to the expenses
incurred in connection with providing traffic control,
security service, signage, on-call first aid, street
cleaning, litter pick up, maintenance and personnel
services. Costs shall only reflect those activities related
to management of extra-ordinary use of the public property,
public streets, rights-of-way or sidewalks. The
Ordinance - Business Licenses/Article 8. Special Events - 4 -
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"extra-ordinary personnel, materials and services charge"
shall be the sum of each department's costs.
(4) The review and cost analysis process shall be
completed within 15 days of the receipt of a completed
application by the City Manager or designee. A written
notice shall be provided to the applicant upon completion
of the review and cost analysis process.
(a) Unless additional conditions need to be satisfied
or the application is denied, the written notice to the
applicant shall include a notice of the amount of the
calculated extra-ordinary personnel, materials and services
charge. The applicant shall make arrangements with the
City Manager or designee for payment of the extra-ordinary
personnel, materials and services charge at a date to be
set by the City Manager or designee, unless the charges are
reduced or waived pursuant to section 8-8-12, and the
permit shall be issued.
(b) If the application is denied or additional
conditions are required as a result of the review and cost
analysis process, the written notice shall inform the
applicant-of the same. If the notice provides that
additional conditions must be satisfied, the applicant
shall be allowed an opportunity to satisfy the conditions
at which time the extra-ordinary personnel, materials and
services' charge and the provisions for the payment of the
same shall be established and the permit issued.
(c) After the special event is conducted, the City
Manager or designee, in conjunction with the affected
departments, will determine the actual extra-ordinary
personnel, materials and services charge. The Applicant
shall reimburse the City for the actual extra-ordinary
personnel, materials and services charg~.
(5) All special event permits shall be temporary and do
not vest any permanent rights. Each special event permit
shall indicate the period of time for which the permit is
valid.
8-8-5 Standards for Denial of Permit.
(1) Reasons for denial of a special event permit include:
(a) The event will disrupt traffic within the City
beyond practical solution;
(b) The event will interfere with access to fire
stations and fire hydrants;
Ordinance - Business Licenses/Article 8. Special Events - 5 -
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(c) The event will cause undue hardship to adjacent
businesses or residents;
(d) The event will require the diversion of so many
public employees that allowing the event would unreasonably
deny service to the remainder of the city;
(e) The application contains incomplete or false
information;
(f) The applicant fails to comply with all terms of
this article including but not limited to failure to
satisfy additional conditions established during the
departmental review process, failure to remit all fees, or
failure to provide proof of insurance, bonds, and a save
harmless agreement to the City;
(g) The applicant failed to pay the extra-ordinary
personnel, materials and services charge for a prior
special event;
(2) In the event that a permit is denied, the City Manager
or designee will provide the applicant with a notice of
denial that contains a summary of the appeal procedures
found at section 8-8-11 of this article.
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8-8-6 Save Harmless Aqreement. Every applicant shall be
required to provide a save and hold harmless agreement on a
form supplied by the City Manager or designee in which the
applicant agrees to defend, pay, save and hold harmless the
City, its officers and employees, from any and all claims
or lawsuits for personal injury or property damage arising
from or in any way connected to the special event;
excepting any claims arising solely out of the negligent
acts of the City, its officers and employees.
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8-8-7 Limitation of Liability. This article shall not be
construed as imposing upon the City or its officials or
employees any liability or responsibility for any injury or
damage to any person in any way connected to the use for
which the permit has been issued. The City and its
officials and employees shall not be deemed to have assumed
any liability or responsibility by reasons of inspections
performed, the issuance of any permit, or the approval of
any use of the right-of-way.
8-8-8 Public Announcements Required. The city Manager or
the designee may require the applicant to specifically
inform private property and business owners who might be
inconvenienced or affected by the special event. The city
Manager or the designee may also require the applicant to
publish announcements of the special event prior to the
Ordinance - Business Licenses/Article 8. Special Events - 6 -
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event. All costs associated with informing and announcing
the special event shall be paid by the applicant at no cost
to the city.
8-8-9 Sanitation and Clean-up. A special event permit may
be issued only after adequate waste disposal facilities
have been identified and obtained by the applicant. The
applicant will clean the right-of-way of rubbish and
debris, returning it to its previous pre-event condition,
within 24 hours of the conclusion of the event. If the
applicant fails to clean up such refuse, such clean up
shall be arranged by the City and the costs charged to the
applicant. Such costs will be in addition to the amount of
the extra-ordinary personnel, materials and services
charge.
8-8-10 .Revocation of Special Event Permit.
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(1) The City Manager shall have the power to revoke a
special event permit at any time after the special event
permit has been issued. Reasons for revocation of a
special event permit include but are not limited to the
following reasons: the special event will or may create an
undue hazard or public safety hazard; the application
contained incomplete or false information; the applicant
does not comply with all terms and conditions of the
permit; the applicant fails 'to arrange for or adequately
remit all fees, extra-ordinary personnel, materials and
services charge, deposits, insurance or bonds to the city;
or a disaster, public calamity, riot or other emergency
exists.
(2) If a special event is conducted in a manner which
violates the Springfield Code and/or violates conditions
imposed pursuant to this article, the City Manager may
immediately and administratively revoke the permit. There
shall be no appeal of any revocation made during the
special event.
8-8-11 Appeal Procedure. Any applicant whose special event
permit application has been denied or revoked prior to the
special event may appeal the decision to the City Council
by filing a written notice of such appeal. The City Council
shall set a hearing date within 15 days of receiving such
appeal request. At such hearing the applicant is entitled
to be heard and present evidence in his or her behalf. The
city Council shall determine whether the denial or
revocation of the permit shall be upheld.
8-8-12 Community Events/Extra-Ordinarv Charqes Waivers.
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(1) An applicant who believes that the special event is a
community event which will significantly contribute to and
Ordinance - Business Licenses/Article 8. Special Events - 7 -
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benefit the springfield community may appeal to the City
Manager for a partial or total waiver of the extra-ordinary
personnel, materials and services cha~ge. The applicant
shall make such appeal to the city Manager within five
business days of being notified pursuant to section
S-S-4(a) of the determination of the calculated
extra-ordinary personnel, materials and services charge. If
in the judgment of the City Manager the occurrence of the
special event will significantly and sUbstantially benefit
the springfield community, the city Manager may waive all
or part of the extra-ordinary personnel, materials and
services charge.
(2) Indigent applicants and applicants from nonprofit
entities that qualify for tax exemption under Section 501
of the Internal Revenue Code may appeal to the city Manager
for a partial or total waiver of the extra-ordinary
personnel, materials and services charge. The applicant
shall make such appeal to the city Manager within five
business days of being notified pursuant to section
S-S-4(a) of the determination of the calculated
extra-ordinary personnel, materials and services charge. If
in the judgment of the City Manager a reduction or waiver
of the extra-ordinary personnel, materials and services
charge is justified, the City Manager may waive all or part
of the extra-ordinary personnel, materials and services
charge.
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(3) The City Manager shall have complete authority to
reduce or waive the extra-ordinary personnel, materials and
services charge as specified in this section. In
exercising this authority, the city Manager shall apply the
following guidelines in making the determination.
(a) Whether the special event will provide for
City-wide participation.
(b) Whether the special event will significantly and
substantially benefit the springfield community.
(c) Whether the applicant has signed an oath of
indigency.
(d) Whether the applicant has signed an oath that the
applicant qualifies for tax exemption under Section 501 of
the Internal Revenue Code.
(e) Whether the calculated extra-ordinary personnel,
materials and services charge is less than $500.
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(4) The decision of the City Manager shall be final and
binding on the applicant. There shall be no right to
appeal the decision; provided, however, nothing in this
Ordinance - Business Licenses/Article 8. special Events - S -
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section shall preclude a permit from being denied or
revoked despite a decision to reduce or waive the
extra-ordinary personnel, materials and services charge."
ADOPTED by the Common Council of the City of Springfield by a vote
of 6 in favor and 0 against this 21st
day of November , 1~ .
Mayor ~
~~t?t/fJ~,~L-.
City Recorder
REVff)'lfO GY
CITY Of SPRINGfiELD
RISK MANAGEMENT
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Ordinance - Business Licenses/Article 8. Special Events - 9 -