For the purposes of this Article, a "special event" shall be defined as a parade, march, procession, motorcade, footrace, fair, exhibition, ceremony, art show, program, celebration or other public assemblage of people for the conduct of a festivity, involving the complete or partial use or closure of any public highway, street, alley, sidewalk or other public property in the City to normal vehicular or pedestrian traffic. The term "special event" as used in this Article, does not include a funeral procession consisting of a single direct movement from a mortuary or church to a place of burial. No special event shall last longer than thirty (30) consecutive days. There shall be no more than one (1) special event on any property in the City in a six-month period.

(Ord. 139 § 1 (part), 2003)

A.

No person shall hold, conduct, carry on or cause to be held, conducted or carried on a special event on any thoroughfare, arterial or collector street in the City as defined by the City's General Plan which will last longer than four (4) hours without first having obtained from the City Manager a permit to do so issued pursuant to this Article. No person shall hold, conduct, carry on or cause to be held, conducted or carried on a special event on any local street in the City as defined by the City's General Plan which will last longer than twelve (12) hours in any seventy-two-hour period without first having obtained from the City Manager a permit to do so issued pursuant to this Article.

B.

No person may engage in any of the following activities:

1.

Participate in a special event for which a permit has not been issued.

2.

Participate in a permitted special event in violation of the terms of the permit.

3.

Participate in a permitted special event without the consent of the permittee.

4.

Interfere with the orderly conduct of a permitted special event.

5.

Sell or offer for sale on public streets, sidewalks or rights-of-way any goods, wares or merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, during or in connection with a permitted special event, unless such sales activity is conducted pursuant to and in accordance with the terms and conditions of the special event permit and with the authorization of the permittee.

(Ord. 139 § 1 (part), 2003)

A.

Applications for a permit to conduct a special event shall be filed with the City Manager at least thirty (30) days in advance of the proposed event, unless the applicant can prove to the City Manager that the event could not have been planned thirty (30) days prior to the event, in which case the City Manager shall accept an application filed within a shorter period of time.

B.

The application shall contain the following information:

1.

Name, address and description of the sponsor for the event, together with the name, address and telephone number of the contact person representing such sponsor.

2.

Description of the nature and purpose of the special event to be conducted.

3.

Estimated number of participants and, if a parade, the number and types of vehicles, floats, bands, marching units and animals to participate.

4.

Date of the event and the hours during which it will be conducted.

5.

Proposed route or area to be occupied and a statement as to whether the special event will occupy all or only a portion of the streets on which the event will be conducted.

6.

Proposed method of handling vehicular and pedestrian traffic, including routes over which any traffic is to be diverted.

7.

Proposed sanitary facilities, if any are to be used, including toilet facilities and the proposed method of sewage and refuse disposal.

8.

If food is to be sold or otherwise distributed, the procedure to be followed in the handling and preparation of such food.

9.

Description of any sales activity to be conducted upon public streets, sidewalks or rights-of-way, including the estimated number of street vendors, the nature, size and location of any booths or stalls, and a description of any vehicles, wagons, pushcarts or other mobile units to be utilized in connection with the sales activity.

10.

Number, types and locations of all loudspeakers or other sound amplifying devices to be used.

11.

Method of notifying participants prior to the event of the terms and conditions of the permit.

12.

Such other information as reasonably requested by the City Manager pertaining to the manner in which the proposed event will be conducted.

C.

The application shall be accompanied by the payment of a nonrefundable processing fee in such amount as may be established from time to time by resolution of the City Council.

(Ord. 139 § 1 (part), 2003)

A.

The City Manager shall transmit a copy of the application for review and comments by such of the following persons and agencies who may have jurisdiction over the event:

1.

The Chief of Police.

2.

The Fire Department.

3.

The Building Official.

4.

The Planning Director.

B.

Upon receipt of the comments and recommendations from the persons and agencies referred to in subsection (a) of this Section, the City Manager shall take action to grant or deny the application.

(Ord. 139 § 1 (part), 2003)

If the following criteria is met, the City Manager shall grant the permit:

A.

The special event will not disrupt to an unreasonable extent the movement of other traffic or create any safety hazard as a result of such other traffic being stopped or diverted.

B.

Sufficient police services can be provided to assure proper traffic control and the orderly conduct of the special event.

C.

The streets, roads and highways over which the special event will travel or on which it will be conducted are of sufficient size and construction to safely accommodate the number of participants and the size, height and weight of any vehicles, floats, equipment or animals participating in the event.

D.

The special event will not interfere with any other public events to be conducted on the same day.

E.

The special event is unlikely to cause injury to persons or property or create an unreasonable disturbance of the peace.

(Ord. 139 § 1 (part), 2003)

Only one (1) special event shall be held, conducted or carried on under a single permit issued pursuant to this Article.

(Ord. 139 § 1 (part), 2003)

Permits issued pursuant to this Article may contain such conditions as deemed by the City Manager to be necessary or appropriate for the orderly and safe conduct of the event, including, but not limited to, the following:

A.

Starting and ending times.

B.

The location of the special event, including the route to be followed and portions of streets to be traversed that may be occupied in the event of a parade, march, procession, motorcade or footrace.

C.

The number and type of vehicles, floats, bands, marching units, pieces of equipment and animals.

D.

The nature and extent of any sales activity to be conducted upon public streets, sidewalks or rights-of-way. The holder of the special event permit shall issue to each vendor authorized to engage in such sales activity an identification card or other evidence of such authorization, which shall be displayed by the vendor to a Law Enforcement Officer of the City or to any representative of the permittee requesting to inspect the same.

E.

Number and location of sound amplifying devices and permitted level of amplification.

F.

Number and location of persons required to control, direct and monitor the event.

G.

Requirements and instructions for removal of any signs, equipment or structures erected or installed for the event and removal of litter and debris created in connection with the conduct of the event.

(Ord. 139 § 1 (part), 2003)

As a condition for issuance of a permit, the applicant shall furnish to the City, at the applicant's own cost and expense, a policy or policies of liability and other insurance coverage as may be required under the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such policy or policies shall be maintained in full force and effect in accordance with said insurance standards during the entire term of the permit.

(Ord. 139 § 1 (part), 2003)

Prior to the issuance of a permit, the applicant shall deliver to the City a cash deposit in the amount of two hundred fifty dollars ($250.00) as a guaranty that the applicant will perform a final cleanup of all areas where the special event will be conducted. such final cleanup shall be completed, to the satisfaction of the City Manager, within twenty-four (24) hours after cessation of the event. If the applicant fails to complete the cleanup within such period of time or if the cleanup work is not performed to the satisfaction of the City Manager, the Manager may cause any necessary cleanup work to be performed and may utilize the security deposit for payment of any costs or expenses as may be incurred in connection therewith. In the event the cleanup cost exceeds the amount of the security deposit, the applicant shall be liable to the City for payment of such excess cost. Upon certification by the City Manager that the final cleanup has been satisfactorily completed, the cleanup deposit or any remaining balance thereof, shall be mailed to the applicant at his address shown on the application.

(Ord. 139 § 1 (part), 2003)

As a condition for issuance of a permit, the City Manager shall require the permittee to reimburse the City for all security, traffic control and law enforcement expenses incurred by the City in connection with the special event.

(Ord. 139 § 1 (part), 2003)

Any permit issued pursuant to this Article shall apply only to the permittee named therein and may not be transferred or assigned to any other person.

(Ord. 139 § 1 (part), 2003)

Any permit issued pursuant to this Article may be summarily revoked by the City Manager upon a determination that:

A.

By reason of accident, disaster or other emergency, the safety of persons or property requires such revocation; or

B.

A term, condition, restriction or limitation of the permit has been violated or is being violated; or

C.

Due to changed circumstances, or the discovery of facts unknown to the City Manager at the time the permit was issued, the considerations for issuance of the permit are no longer valid or applicable.

(Ord. 139 § 1 (part), 2003)

The violation of any provision contained in this Article shall constitute a misdemeanor, subject to the penalties as set forth in Article 1 of this Code.

(Ord. 139 § 1 (part), 2003)

Prior to the issuance of a special events permit, the applicant or an authorized officer of the sponsor must sign an agreement to reimburse the City for any costs incurred in repairing damage to City property occurring in connection with the permitted special event and proximately caused by the actions of the permittee, the sponsor, its officers, employees, or agents, or any person under the permittee's or sponsor's control insofar as permitted by law. The agreement shall also provide that the permittee or sponsor shall defend the City against, and indemnify and hold the City harmless from, any liability to or claims or liability by, any persons resulting from any alleged damage or injury occurring in connection with the special event proximately caused by the actions of the permittee or sponsor, its officers, employees, or agents, or any person who was under the permittee's or sponsor's control insofar as permitted by law. For purposes of this section, a person who merely participates in the special event, is not considered by reason of that act alone to be "under the control" of the permittee or sponsoring organization.

(Ord. 139 § 1 (part), 2003)

A.

Any applicant aggrieved by the denial or conditional approval of a special event permit may appeal the decision to the City Council by filing a notice of appeal with the City Clerk within ten (10) days of the delivery of the decision. The City Clerk shall set the date and time for the public hearing within fifteen (15) days of the filing date and shall give notice to such person of the time and place of the hearing as prescribed by law.

B.

If there is insufficient time for a timely appeal of a denial or conditional approval of a special events permit to be heard by the City Council prior to the date on which the special event is scheduled, the applicant may request that the City Clerk schedule the appeal before two (2) City Council members and the City Clerk. The City Council members shall be selected by the mayor. The two (2) City Council members and the City Clerk shall hold a hearing no later than twelve (12) hours before the time of the special event and will render a decision as soon as practicable and in no case later than the time the event is scheduled to commence. The decision of a majority of the two (2) City Council members and the City Clerk shall be final.

(Ord. 139 § 1 (part), 2003)