This chapter is intended to establish regulations and procedures for review of temporary outdoor activities that are not otherwise permitted or regulated in this Code in order to minimize any adverse effects on surrounding properties and infrastructure or on the public health, safety and welfare.

Special events provisions shall apply to temporary uses of property which are strictly limited in duration and frequency that do not involve any significant alterations of the land, improvements or construction of permanent structures that are not otherwise regulated by the provisions of this Code.

Uses subject to obtaining a special event permit shall include temporary outdoor activities held outside a building or an established permanent facility that is designed, constructed and approved for such activities, which has the required facilities to accommodate the activities, including but not limited to parking, sanitary and health facilities and water. Such activities shall be classified as follows:

A.

Major Special Events Permits. Temporary outdoor activities with more than one thousand (1,000) people at one time.

B.

Minor Special Events Permits. Temporary outdoor activities with between two hundred (200) and one thousand (1,000) people at one time.

The following activities shall be exempted from the provisions of this Chapter:

A.

Town of Apple Valley sponsored and co-sponsored events.

B.

Events located at public or private recreational facilities with a maximum attendance of 200 people at any one time.

C.

Events of 500 people or less at any given time sponsored by non-profit organizations and agencies on private property.

A.

Major Special Events. The Council shall approve, approve with conditions, or deny applications for Major Special Events after a public hearing on the proposed activity. Public hearings and notices shall be provided as established in Chapter 9.13Public Hearings and Notice, of this Code.

B.

Minor Special Events. The Director is authorized to approve, approve with conditions, or deny applications for Minor Special Events Permits in compliance with the procedures and standards established in this Chapter and other applicable provisions of the Municipal Code. Notice of pending action is not required for Minor Special Events.

A.

Application and Submittal Requirements. Application for a Special Event Permit shall be filed with the Planning Division on a form prescribed by the Director and shall contain such information and reports as may be required by the application submittal package or by other applicable ordinances or by the Director in order to review and take action on the application.

B.

Application Fee. The application shall be accompanied by a fee established by resolution of the Council to cover the cost of handling and processing the application as prescribed in this Chapter.

Permits for special events regulated by this Chapter shall not be granted for more than (4) four events per calendar year and shall not exceed fourteen consecutive days per event. However, events may be consecutive or combined. Events located at public or private recreational facilities may exceed four (4) events per calendar year.

A Special Event Permit shall not be approved for any applicant (whether individual, company or corporation), or at a location where the property owner, a tenant or lessee, has either of the following:

A.

Any combination of two or more outstanding citations of the Town of Apple Valley Municipal Code, or adjudicated citations found in favor of the Town of Apple Valley by a court of competent jurisdiction, issued within the twenty-four (24) months preceding the proposed date of the event listed upon the Special Event Permit application and directly or indirectly related to, or similar to, any property, event, activity or use for which the Special Event Permit application is proposed; or

B.

The individual, company or corporation listed as the applicant upon the Special Event Permit application has, or where the property owner, a tenant or lessee, of the property listed upon the Special Event Permit application as the intended site of the Special Event, has a Municipal Code violation(s) being processed by the Town of Apple Valley or pending before a Court of competent jurisdiction and directly or indirectly related to, or similar to, any property, event, activity or use for which the Special Event Permit application is proposed.

Special events as described in this Chapter shall be conducted in a manner that will not adversely impact the public peace, health, safety or welfare. The operator of the special event shall be responsible to assure that adequate provisions are made and implemented for all of the following. Conditions may be required to demonstrate compliance with the following requirements. There are adequate provisions on the proposed site to accommodate adequate law enforcement and/or security protection, adequate ingress/egress and adequate parking including provisions for special traffic guards or signals; consideration of the impositions upon adjacent properties and the local communities; noise impact(s); topographical and ecological considerations and consideration of alternative sites; electrical illumination requirements; inclement weather contingencies; water facilities; food concessions; sanitation facilities; medical/first aid facilities; overnight camping; bonding and insurance requirements; fire protection, including location of fire hydrants and supplemental water sources; communication, including temporary or additional telephones and an adequate public address system; news releases required; adequate office space(s) and communication equipment for all regulatory personnel on site by the permittee; clean-up trash disposal; restoration of landscape; final accounting procedures, billings and/or reimbursements.

Each applicant may be required to post sufficient indemnity/performance/bond(s) in favor of the Town of Apple Valley and/or sufficient liability insurance naming the Town of Apple Valley as an additional named insured. Such bond(s) or insurance shall be sufficient to protect, defend and indemnify the Town of Apple Valley, its agents, officers, servants, and employees from and against any loss, claim, liability, injury, and damage of any nature arising out of, or in any way connected to, such temporary special event. The amount, type and quality of such bond(s) or insurance shall be determined according to policy set by the Town Risk Management Division.

Any permit issued pursuant to this Chapter is not transferable to any other person, organization, place, date or time.

It shall be unlawful for any permittee, employee or agent thereof to do any of the following:

A.

Conduct or operate a temporary special event without first processing an unexpired, unsuspended, unrevoked permit for each such temporary special event;

B.

Sell, give or distribute admission passes or tickets to any temporary special event without first possessing an unexpired, unsuspended, unrevoked permit/license for each such temporary special event;

C.

Operate any temporary special event in such a manner as to create a public or private nuisance;

D.

Exhibit, show or conduct within said place of the temporary special event any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated;

E.

Allow any person on the site of the temporary special event to cause/create a disturbance in, around or near any place of the temporary special event by offensive or disorderly conduct;

F.

Knowingly allow any person to consume, sell, distribute, or possess any alcoholic beverage on the site of the temporary special event, except as expressly allowed as a condition of the permit and pursuant to the laws and regulations enforced by the State Department of Alcoholic Beverage Control;

G.

Knowingly allow any person to consume, sell, distribute or possess any controlled drug or dangerous substance in, around or near the place of a temporary special event.

Any permit issued pursuant to this Chapter may be summarily revoked and the activity ordered closed by the Town Manager or his designee for any violations, breach of any of the conditions of the permit or the provisions of this Chapter, or for the violations of any laws of the State if, at any time, the applicant fails to immediately correct any such deficiencies.

Parking lot, sidewalk sales and swap meet types of operations are permitted in the C-L, C-G, C-S, C-R and C-V districts subject to approval of a Special Event Permit and the following:

A.

The sale shall not exceed seven (7) days for grand openings or three (3) days for other promotions, with the exception of paragraph B. below. Other promotions are limited to four (4) events per year;

B.

Sales of seasonal or holiday merchandise (e.g., Christmas Trees, Pumpkins) shall not exceed a period of forty-five (45) days and shall be limited to two (2) events per year. These display areas shall only be allowed within a shopping center or a commercially zoned vacant lot. The area shall be fenced and can be located within a parking area, provided that the display area does not impede circulation within the parking lot.

C.

The business owner shall obtain written authorization from the property owner and must obtain a Town of Apple Valley Business License;

D.

The activity shall not obstruct the entrance/exit to any building or required parking spaces, except as provided in paragraph B above;

E.

The activity shall not interfere with, or impede the flow of, pedestrian or vehicular traffic;

F.

No items, or any portion of a displayed item, shall be displayed in the public right-of-way or in a required parking space, except as provided in paragraph B above.