HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2001 - FIRST READING OF ORDINANCE NO. 39, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: lg
FORT COLLINS CITY COUNCIL DATE: March 6, 2001
STAFF: Dennis Harrison/
Steve Roy
SUBJECT:
First Reading of Ordinance No. 39, 2001, Amending Chapter 23.5 of the City Code Pertaining to
Special Events and Demonstrations.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
This Ordinance may in the future reduce the cost to the City of events conducted pursuant to the
special event permit requirement, by eliminating the requirement that the City absorb direct costs
of traffic control for such events.
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EXECUTIVE SUMMARY:
This Ordinance would amend Chapter 23.5 of the City Code (Special Events), to include a new
defined category of event, referred to as a"demonstration". This term is used to clarify provisions
in Chapter 23.5 that previously referenced "events for the purpose of exercising free speech." The
Ordinance modifies current Code language to clarify that the City shall be entitled to recover traffic
control expenses incurred by the City as a direct result of a permitted event,and shall in all instances
be entitled to indemnification by the permit holder for costs incurred repairing damage caused by the
permit holder or its agents. New provisions have been added allowing: (1)the denial of a permit for
an event that would violate an ordinance or statute; (2) revocation of a permit if conditions change
so that the permit application would have been denied;and(3)revocation of a permit if continuation
of an event presents a clear and present danger to participants or the public. The Ordinance also adds
standards for determining when and how much insurance will be required, and makes the knowing
violation of a permit a Code violation, in contrast to the present"willful"standard. The Ordinance
includes other clarifying language consistent with these described changes,as well as general editing
of existing provisions.
The proposed changes are the result of a review of the 14-year-old Special Events provisions,based
on fairness and constitutional issues that have been identified through the experience of other
jurisdictions.
ORDINANCE NO. 39, 2001
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 EVENTS AND DEMONSTRATIONS
WHEREAS,the City Council enacted a Special Events permit requirement with its adoption
of Ordinance No. 18, 1987,now codified at Chapter 23.5 in the City Code of the City of Fort Collins
(the "Code"); and
WHEREAS, Chapter 23.5 was last modified in 1991, with the adoption of Ordinance No.
108, 1991; and
WHEREAS,based on the experiences of other jurisdictions in connection with their parade
and special events permit requirements, City staff has recommended that Chapter 23.5 of the Code
be amended to clarify the distinction between a"special event"and a"demonstration",and to clarify
the standards by which certain decisions are made by the Chief of Police,who is the Coordinator of
the permit process thereunder; and
WHEREAS, the City Council has determined that the proposed amendments will be
beneficial to the City and to the members of the public seeking to conduct events thereunder due to
. the improved clarity of the requirements of Chapter 23.5.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the title of Chapter 23.5 of the Code of the City of Fort Collins is hereby
amended to read as follows:
CHAPTER 23.5
SPECIAL EVENTS A yITH IVL 0STRATIONS
Section 2. That Section 23.5-1 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 23.5-1. Purpose.
This Chapter establishes the standards for the issuance of a permit for
special events anddemonstations'in the city.
Section 3. That certain definitions contained in Section 23.5-2 of the Code of the City
of Fort Collins are hereby amended and/or added to read as follows:
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Sec. 23.5-2. Definitions.
Applicant shall mean any person or organization who seeks a specia!eveat
permit from the city to conduct or sponsor an event governed by this Chapter. An
applicant must be eighteen (18) years of age or older.
.
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Pes.:
adrtuti4�tt'aW4h'��" �Y affan's���tlte p�opert�'�ob5i#itct,dad ���itt ` o
norma"lfaeitVsties+ �tationsor�os�+ofpedesfdanor�;�hteuTa>� �aiao�`�t� PAY
or �i ntay,er`e`ato`a Sifrntftcant;rsk'of injur}�.t6't�ie pubIta���ei�a�tts"Yn�se
demonstration ok;°o�i�rpersonss
$vent shall°mea t all demonstrations and spec"I events for whi h per iii6
have been a OR of for or given;
fail,
art arid craft shotv, eaLnivai, block patty, suaij box derby, rally, demonstiatiOn 01
City, Which event dV�b LIVftVIILFlY With tlaffi�laV95 Midcoutivls ot Wlri�h May,iLl tIM
Permi(ah everit.permn Shall mean a permit iss4eil for either a Bern fistration
or sPedial event.
Permittee shall mean any person or organization who has been issued an
special event permit by the Coordinator.
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shq `carn 1fCk t+aC3's � �d grii�tdor� S nd�a
det�t hstra�Z. ned=n t tton�t "' en �"stree�of '"`��'it�etudmg
stcC a1ks� ��lie cr o� or (i �d
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Section 4. That certain subparagraphs shown below contained in Section 23.5-3 of the
Code of the City of Fort Collins are hereby amended to read as follows:
Sec. 23.5-3. Permit required.
Any person desiring to conduct an special event in the city shall first obtain
a permit from the Coordinator;provided,however,that an special event permit shall
not be required for the following:
(1) Special Events that occur exclusively within city parks natyrat areas
or recreation areas;as the saute are defined in this rTU ijter;and do not
involve the closure of any streets which or stdewaTits tltat are
normally open to the public.All events within city parks natural areas
or recreation areas that do involve the closure of such streets or
sidewalks shall be reviewed by the Coordinator and shall be subject
to the permit requirements of this Chapter, but only with regard to
that portion of the event which occurs upon or affects the streets or
sidewalks. Other activities conducted within the natural areas or
recreation areas in conjunction with such events shall be regulated
according to th idRCCLeativir
e
}
l3epart�rtent tegalrements of Chapter 23, 'ticttcles r VIII and 1X,
respectiveI
Section 5. That Section 23.5-4 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 special event not exempted by §
23.5-3 shall apply for an special 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 nor more than one (1) year before the event
date.
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(b) pica It i dor
deYld`pstiativo , the Coordinator shall,upY a� ttdcaii = consider an
application that is filed after the filing deadline if there
is sufficient time to process and investigate the application and obtain police services
for the event.Good cause � „be demonstrated by the applicant by showing that
the circumstance that gave rise to the application did not reasonably allow the
applicant to file within the time prescribed. and that the event is for the putpose of
(c) If the applicant is A��C an �!' organization �� r
eXetptton f�Eo the,Pa3t�iL$ U ,; r,£�# the
application for a permit shall be accompanied b a nonrefundable ermiit a lication
fee in an amount set by i ;i, ,. g a u
§ {,._. The fee shall cover; �: do the
full cost of processing and
investigating such permit applications and administering the permit ro ram No
permit application fee shall be char ed to, or anizations
Section 6. That certain subsections shown below contained in Section 23.5-6 of the Code
of the City of Fort Collins are hereby amended to read as follows:
Sec. 23.5-6. Grounds for denial of application.
(a) The Coordinator shall approve an application for an special event
permit unless he/she determines, from a consideration of the application and other
pertinent information, that:
(3) Another special event permit or application has been received prior
in time, or has already been approved, to hold another event at the
same time and place requested by the applicant, or so close in time
and place as to cause undue traffic congestion, or the Police
Department is unable to meet the needs for police services for both
events; or
(9) The event involves the use of hazardous, combustible or flammable
materials which could create a fire hazard;`or
(10) The event wilLviolate an ordinance or`staCutb.
Section 7. That certain subsections shown below contained in Section 23.5-7 of the Code
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• of the City of Fort Collins are hereby amended to read as follows:
Sec. 23.5-7. Permit conditions.
The Coordinator may condition the issuance of an special 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,
restrict tim fight of fie, spmel Such conditions include but are not limited to the
following:
(11) t ggytte go" f Im appii�atiotrfor `` event ermit to conduct a
block party may be conditioned on notice to the
residents of dwellings along the affected street(s);
(12) Compliance with any relevant law and obtaining any legally required
permit or license,including,wifitquft 'taEtiy�a temporary vendor's
license under §§ 15 381 et seq h�nd,a rintur lea 4r icXeaS1#ij area
permit Rur9 'a tg the recjt tretiients of Chap, r 23, Artie7es Vttl or
IX;resctivIn ely
• Section 8. 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 a permit
condition. A notice of appeal shall be filed with the City Manager's office 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 hold a hearing no later than five(5)business days after the filing
of the appeal and shall render his or her decision no later than one (1 business day
after the hearing Iii a i tc � jt� ben th
x 6 �i.kbuw i a 9ry„ ' n a
but �i+er than six(6)N 1 ads pntl({o the reque tet dat for an eh ttY htch
''i a 3�r # r+t n
a pe intt has T> en denied,the City Managers a 1I'll old a,haarPn and tsst e Is,Rr her
deci'siou no dater than two f2 business days Ater the;fiiling of`the appe ll,`Ifthe"City
Manager detetrttines"thatcircuin§tances'do'not pemutt te court letion ofsuchtiearmg
and:decision'aC least ohe (1 fall business dad p toifrfd the timeand date for the
initiation of fn event egardin which an a s t 199,
'Ne be she s Ta`Tl notify`,the
appealing al ltcant"of said defentiination in wi`rtt g and said app cant`shalt be
entitled,but not required,to seek judicial review of the permit denial with no further
s5
ad.T,,4 tradve.`review. The City Manager's decision shall be final, subject only to
such judicial review as may be permitted by law.
Section 9. That the opening paragraph of Section 23.5-9 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec. 23.5-9. Permit issuance.
If, afte £rezi ,t� ter# ebntain4c in _r, ... 6 abovpt e Cot�lipatiz
•�,£, .., . ,��t ,��,.10
det utnes ttiat,xpernu shqu -e granted,;the Coordinator shall issue the special
event permit oneU ILM applMativll IMN been approved; the applicant has agreed in
writing to comply with,ahthe terms and conditions of the permit;and the following
sections of this Chapter have been complied with:
Section 10. 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 special event permit, the Coordinator may shill
require the applicant and authorized officer of the sponsoring 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 evoidinatUL'b
phySiCal �halaCtelibtic� of the 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 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 permit-
tee'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 11. 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 tK6, issuance of an event :permit, the
Coordinator may require the 'applicant and authorized officer of the-sponsoring
organization(if any)to possess or obtain public liability insurance to protect against
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loss from liability imposed by law for damages on account of bodily mlury and
property damage arising from the eventIie boaliall t�� } a,t °`3dlhcsther
to suhmsuranee,andemt c tnsuran shatt,he ' " '' b �.bed
aptly# r3 eons tton mutttuly rt tit acegtt cl[y�tl " tiss
of a orut9u diYti to the.anttp r , e
• r n. � � C3 1 a.�L ��
ever, °d ti` 1�es iti�blveil and'the�.. a'tral ehar�c „ s;;o , p , e
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 ten OR' (to 5� days before the date
off theevent unless the Coordinator for ood cause than es the filing deadlinehn
(c) The insurance requirements of subsections(a) and(b) above shall be
waived by the Coordinator for nonathletic events d Qi1-1
traf"rsil9 if the following
conditions ai, satisfied.
(i) The applicant or an officer of the sponsoring organization signs a
. verified statement that he/she believes the event's purpose isFrst
phi
is a'demon'straGoniihdecthe definUbp in this
chapter, and that he/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.
(24) ..If the Coordinator.waives,floe,insnranee,,requrements.set forth
•; n
subSCGbn ° atti`�b);= the city may,in its discretion,require the applicant to apply
for insurance coverage for the event under a policy selected by the city.The applicant
must provide any information pertinent to qualifying for the insurance coverage.The
premium for such insurance coverage would be paid by the city rather than the
applicant.
Section 12. That certain subsections shown below contained in Section 23.5-12 of the
Code of the City of Fort Collins are hereby amended to read as follows:
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Sec. 23.5-12. Traffic-control fees; optional use of preestablished event routes.
(a) Prepayment of fees. 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 at the event. The applicant of the
event shall be required to pay the estimated traffic control fees no later than five(5)
days onor to the event ess �olaans g ►ehngad-
Traffic con-
trol 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.
satisfied.
determined that the wbt Of ftaffiC-CO&IO! flees ib SO fillml6aliy
light Of First Auxudinent expiession, and
Section 13. That the title and subsection(a)of Section 23.5-13 of the Code of the City of
Fort Collins are hereby amended to read as follows:
Sec. 23.5-13. Cleanup deposits for certain speciaf events.
(a) In connection with an event involving the sale of food or beverages,
erection of structures,presence of horses or other large animals,or erection of water
aid stations, the applicant shall be required to provide a cleanup deposit prior to the
issuance of a permit The cleanup deposit shall be in the amount established by the
Coordmatorr ba ed upon an a mate of the'acCual costs reaso",ably estimated to be
incurredby the`cityih the cleanup of an°event 'f lik�tiature and size.
Section 14. That subsection(b)of Section 23.5-14 of the Code of the City of Fort Collins
are hereby amended to read as follows:
Sec. 23.5-14. Duties of permittee.
(b) The permittee shall ensure that the person leading a parade or other
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. event alonp�a route or the person in charge of any other event,i5 familial',With alhtlie
prcii±lstdhs C the peiix[, cicarries the event permit on his or her person for the
duration of the event.
Section 15. That the Code of the City of Fort Collins is hereby amended by adding a
section, to be numbered 23.5-15, which section reads as follows:
115 Revbeatib��off3Fe�a>'~
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Section 16. That Section 23.5-15 of the Code of the City of Fort Collins is hereby
renumbered as Section 23.5-16 and certain subsections shown below contained in said section are
hereby amended to read as follows:
Sec. 23.5-156 Violations.
(a) It is unlawful for any person to sponsor or conduct a parade, athletic
event, or other special event or demonstration requiring an special event permit
unless a permit has been issued for the event. It is unlawful for any person to
participate in such an event with the knowledge that the sponsor of the event has not
been issued a permit.
(c) The special event permit authorizes the permittee to conduct only such
event as is described in the permit in accordance with the terms and conditions of the
permit. It is unlawful for the permittee to willfttlly knct"yri gly violate the terms and
conditions of the permit,or for any event participant with knowledge thereof to-mffF-
f tlfy knowingly violate the terms and conditions of the permit.
•
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Introduced and considered favorably on first reading and ordered published in summary form
this 6th day of March, A.D. 2001, and to be presented for final passage on the 20th day of March,
A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of March, A.D. 2001.
Mayor
ATTEST:
City Clerk
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