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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2007 - SECOND READING OF ORDINANCE NO. 034, 2007, AMENDIN ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: March 6, 2007 FORT COLLINS CITY COUNCIL STAFF: Jim Szakmeister SUBJECT Second Reading of Ordinance No. 034, 2007, Amending Section 23.5 of the City Code Pertaining to Special Events. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance,which was unanimously adopted on First Reading on February 20,2007 amends the City Code to make the special event application process friendlier to the citizens applying for permits. ATTACHMENTS 1. Copy of the First Reading Agenda Item Summary- February 20, 2007. ATTACHMENT 1 ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: February 20, 2007 FORT COLLINS CITY COUNCIL !TA FF: Jim Szakmeister SUBJECT First Reading of Ordinance No. 034, 2007, Amending Section 23.5 of the City Code Pertaining to Special Events. RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. EXECUTIVE SUMMARY The purpose of this Code chan m s yaa ation process friendlier to the citizens applying for permits. he men t th allow enough time for event organizers to meet conditions the spe 1 ev p it ie appeal process,if necessary, prior to the event occurring. It to C' 'me confirmed services (such as review and acceptance from Fire Authority, Liquor Authority and Traffic Operations) to the organizers for planning of the event. The added time equates to increases in the City's ability to coordinate information with the organizer regarding other needed permits or issues that may arise during their event. In general, this change helps the City provide better and timely information and services to the community and citizens availing themselves of the special event process. There is no financial impact. ORDINANCE NO. 034, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23.5 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SPECIAL EVENT PERMITS WHEREAS, the City Code provides a procedure for which Fort Collins Police Services ("FCPS")grants or denies special events permits for events occurring in the City that take place on City streets, public property or rights-of-way; and WHEREAS,the current process does not factor in the time required to obtain approval from applicable City departments such as Fire, Liquor Licensing, Building and Zoning and Parks; and WHEREAS, the proposed changes will streamline the application and appeal process; and WHEREAS,the proposed changes more clearly define the criteria to be used in establishing permit conditions and in granting or denying a special events permit; and WHEREAS,Council finds that the amendments proposed by City staff with regard to special event permits are in the best interest of the City and would promote the public health, safety and welfare of the citizens of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition "Event' contained in Section 23.5-2 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 23.5-2. Definitions Event shall mean all demonstrations and special events as defined herein. Section 2. That Section 23.5-4(a)of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-4. Application procedure; fee. (a) Any person desiring to sponsor an event not exempted by § 23.5-3 shall apply for an event permit by filing a verified application with the Coordinator on a form supplied by the Coordinator. Applications must be submitted not less than twenty (20) business days for block parties, as defined in § 23.5-2, forty-five (45) business days for events involving the sale or service of alcohol, and thirty (30) business days for all other events, nor more than one(1) year before the event date. Section 3. That Section 23.5-5 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-5. Action on application. The Coordinator shall approve, conditionally approve or deny an application on the grounds specified in § 23.5-6. Such action shall be taken no later than five (5) business days for block parties,thirty(30)business days for events involving the sale or service of alcohol, and fifteen (15) business days for all other events after receiving a completed application and fee, if applicable. If the application is denied or conditionally approved, the Coordinator shall inform the applicant in writing of the grounds for denial or the conditions on the permit and the applicant's right of appeal. If the Coordinator relied on information about the event other than that contained in the application,he or she shall inform the applicant of such information. If the Coordinator refuses to consider a late application under Subsection 23.5-4(b), he or she shall inform the applicant in writing of the reason for the refusal,and of the applicant's right of appeal. Section 4. That Section 23.5-6(a)of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-6. Grounds for denial of application. (a) The Coordinator shall approve an application for an event permit unless he or she determines, from a consideration of the completed application and other pertinent information, that: (2) The applicant has failed to complete the application form within the time frame permitted by the Coordinator after having been notified of any additional information or documents required; or (3) Another event permit or application has been received prior in time,or has already been approved, to hold another event on the same date and time requested by the applicant, or so close in time and place as to cause undue traffic congestion, or burden the City's ability to meet the needs of police, fire or other emergency servicesto the remainder of the City due to more than one (1) event occurring anywhere in the City; or -2- (9) The event involves the use of hazardous, combustible or flammable materials which could create a fire or other safety hazard; or (11) The applicant has failed to pay costs, fees, or deposits for the application or for previous special events permits. (12) The applicant has failed to abide by the requirements or conditions of previous special events permits. Section 5. That Section 23.5-7 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-7. Permit conditions. (a) The Coordinator may condition the issuance of an event permit by imposing reasonable requirements concerning the time, place and route of the event and such requirements as are necessary to protect the safety of persons and property and the control of traffic. Such conditions include but are not limited to the following: (1) Alteration of the date, time, duration, frequency, route or location of the event; (3) Conditions concerning accommodation of available parking,pedestrian or vehicular traffic, including restricting the event to only a portion of a street or right-of-way; (5) Requirements for provision of emergency access and first aid or sanitary facilities; (12) Compliance with any relevant law and obtaining any legally required permit or license, including, without limitation, a temporary vendor's license under§§ 15-381 et seq.,a special event liquor license under§12-48- 101 et seq., and a natural area or recreation area permit pursuant to the requirements of Chapter 23, Articles VIII or IX, respectively; (13) Requirements for posting a deposit for cleanup costs anticipated due to the event; (14) Designation by the applicant of a contact person with decision making -3- authority who will be continuously available to law enforcement personnel and present at the event. (b) Failure to comply with permit conditions shall result in the revocation of the permit and termination of the event. Section 6. That Section 23.5-8 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-8. Appeal procedure. The applicant shall have the right to appeal the denial of a permit or the imposition of a permit condition. A notice of appeal shall be filed with the City Manager's office with a copy to the Coordinator, setting forth the grounds for the appeal within five(5)business days after mailing or personal delivery of a notice of denial or permit condition. The City Manager or his or her designee shall review the decision to deny the permit or impose conditions no later than ten(10)business days after the filing of the appeal. The applicant and the Coordinator may present written evidence and/or argument to assist the City Manager or designee's review. The City Manager or his designee shall render his or her written decision no later than one(1) business day thereafter. In the event that a notice of appeal is filed in accordance herewith but fewer than six(6)business days prior to the requested date for an event for which a permit has been denied, the City Manager shall conduct the review and issue his or her decision no later than two (2) business days after the filing of the appeal. If the City Manager determines that circumstances do not permit the completion of such review and decision at least one(1) full business day prior to the time and date for the initiation of an event regarding which an appeal is pending,he or she shall notify the appealing applicant of said determination in writing and said applicant shall be entitled, but not required, to seek judicial review of the permit denial or permit conditions with no further administrative review. The City Manager's decision shall be final, subject only to such judicial review as may be available under the Colorado Rules of Civil Procedure. Section T That Section 23.5-10 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-10. Indemnification agreement. Prior to the issuance of an event permit, unless the applicant is the City, the Coordinator shall require the applicant and authorized officer of the applicant's organization(if any)to sign an agreement for the permittee to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. The agreement shall also provide that the permittee shall defend the City against,and indemnify and hold the City harmless from, any liability to any persons resulting -4- from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee,its officers,employees or agents, or any person who was under the permittee's control. Persons who merely join in an event are not considered by that reason alone to be "under the control" of the permittee. Section 8. That Section 23.5-11 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-11. Insurance. (a) Prior to the issuance of an event permit, the Coordinator may require the applicant and authorized officer of the applicant's organization(if any)to possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. The Coordinator shall determine whether to require such insurance, and the amount of insurance that shall be required,based upon the considerations routinely taken into account by the City in evaluating loss exposures, including, without limitation, whether the event poses a substantial risk of damage or injury due to the anticipated number of participants, the nature of the event and activities involved and the physical characteristics of the proposed site or route. Such insurance shall name on the policy or by endorsement as additional insureds the City, its officers, employees and agents. (b) If insurance coverage is required pursuant to Subsection(a) above, a copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the Coordinator no less than five (5) days before the date of the eventunless the Coordinator for good cause changes the filing deadline, in which event such documents shall be providedon the date and time specified by the Coordinator. (c) The insurance requirements of Subsections (a) and (b) above shall be waived by the Coordinator for demonstrations if the applicant or an officer of the applicant's organization signs a verified statement that he or she believes the event is a demonstration under the definition in this Chapter, and that he or she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression,or that it has been impossible to obtain insurance coverage.The statement shall include the name and address of one (1) insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage. Section 9. That Section 23.5-12 of the Code of the City of Fort Collins is hereby amended to read as follows: -5- Sec.23.5-12. Traffic-control fees; optional use of preestablished event routes. (a) Prepayment offees. Upon approval of an application for an event permit, the Coordinator shall provide the applicant with a statement of the estimated cost of providing peace officers for traffic control or security at the event. The applicant of the event shall be required to pay the estimated traffic-control or security fees no later than five(5) days prior to the event unless the Coordinator for good cause changes the filing deadline,in which event such documents shall be provided on or before the deadline given by the Coordinator. Traffic control includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event. (d) Preestablished event routes and fees. The Coordinator may preestablish several event routes and times within the City which are not required to be used by applicants.The routes shall specify the number of officers and traffic-control devices or marshals needed for traffic control on the routes,if any. Such preestablished event routes and times and the fee schedule for traffic-control services shall be made available to the public. Section 10. That Section 23.5-15 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-15. Revocation of permit. (a) The Coordinator or a designee may, at any time prior to an event, revoke or terminate a permit that has been issued for the event if conditions change so that the permit application could have been denied in the first instance. (b) The Coordinator or a designee may revoke or terminate the permit during the course of the event if continuation of the event presents a clear and present danger to the participants or the public. (c) The Coordinator or designee may revoke the permit and terminate the event during the course of the event for non-compliance with permit conditions. Section 11. That Section 23.5-16 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph(d) which reads in its entirety as follows: -6- Sec. 23.5-16. Violations; penalties. (d) In addition to the penalties set forth in§1-15,the Coordinator may consider the violation of the terms and conditions of a previous permit in approving or denying future event applications by the same applicant or organization. Introduced, considered favorably on first reading, and ordered published this 20th day of February, A.D. 2007, and to be presented for final passage on day of March, A.D. 2007. t�4 Mayor ATTEST: City Clerk Passed and adopted on final reading on the 6th day of March, A.D. 2007. Mayor ATTEST: City Clerk -7-