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HomeMy WebLinkAboutOrdinance 5765 11/21/1994 . . . 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 - . . . 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; Ordinance - Business Licenses/Article 8. Special Events - 2 - ~ . (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; . (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; . (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 - . 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. . (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. . (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 - . . . "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 - . (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. . 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. . 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 - . 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. . (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. . (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 - . 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. . (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. . (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 - . . . 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 CL G,i[tcw r 10-/4-'14 - NAME DATi! ~>\';,;,:~;] .^;~\~ , ~~fr\-\ _ =~=~ : ",'" 0<:., C] 9u ~.,... .. . '. <-:'''-....-.=-=:-=:-:-=::"- --=\-=-~,",-...\_-=;, Cr r:: : u:: ~:rrv ATTO;~~~...:V (.r",' ': ~..":;-:~~\l~:;J;klJ) Ordinance - Business Licenses/Article 8. Special Events - 9 -