HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2018 - FIRST READING OF ORDINANCE NO. 018, 2018, AMENDINGAgenda Item 25
Item # 25 Page 1
AGENDA ITEM SUMMARY February 6, 2018
City Council
STAFF
Jan Sawyer, Special Event Coordinator
Bronwyn Scurlock, Legal
SUBJECT
First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of Fort Collins
Pertaining to Special Events.
EXECUTIVE SUMMARY
The purpose of this item is to consider amending Chapter 23.5 of the City Code pertaining to Special Events to
be in alignment with current law and to more accurately reflect the City’s current processes and procedures for
issuing Special Event Permits.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Fort Collins is nationally recognized as a destination for exceptional outdoor recreation, thriving craft
breweries, and a vibrant arts and music scene. The festivals and events that developed around these activities
have grown from small events primarily attended by local residents, into large, multi‐day events attended by
residents and visitors from throughout the region and nation. Festivals and cultural events have become an
important element of Fort Collins’ image, identity, and culture. However, these events do have impacts, both
positive and negative, on the neighborhoods, businesses, and City facilities in which they are held.
It is important for the City to ensure that these growing events take place safely on its streets and in its parks.
The City has a right and a responsibility to regulate the time, place, manner and scope of special events to
protect the public health and safety of its citizens, and to reduce adverse impacts on public spaces, the
environment, businesses and neighborhoods. Recognizing the positive benefits that festivals and events
provide to the community, it is also important for the City to provide a balanced, fair and user-friendly Special
Event Permit program for those planning events.
The Special Event Coordinator (SEC) program was created in 2015 to facilitate and coordinate Special Event
permit work by City staff in various departments, while also acting as a central point of contact for event
producers, citizens, businesses, and City staff seeking information or guidance about the special events
occurring each year in the City. One of the key deliverables of the SEC program was to review and revise the
City’s Municipal Code pertaining to special events, which has not been revised in more than a decade.
Recommended Revisions
The recommended revisions to Fort Collins Municipal Code, Section 23.5, at this time, are primarily designed
to update the provisions to more accurately reflect the City’s current practices and procedures, and to
incorporate best practices regulating Special Events held within the City.
Agenda Item 25
Item # 25 Page 2
Recommended changes to City Code, Section 23.5 include:
• Updates and additions to Section 23.5-2 Definitions which include:
o Shifting the responsibility of the “Coordinator” from the Chief of Police to the newly created Special
Event Coordinator position
o Excluding a demonstration and funeral procession from a Special Event Permit, subject to the Special
Event Permit requirements
• Update the City Code to be more clearly consistent with the current state of the applicable law by
distinguishing demonstrations from special events, and specifying different notice requirements for
demonstrations;
• Creating administrative rules in which the City Manager is authorized to promulgate rules and regulations,
and permit terms and conditions, as are necessary to effectuate the implementation, administration and
enforcement of the Special Event Permits
• Revising the definition of Special Event to include events on private property if the event substantially
impacts a public right of way or adjacent public properties. For example, New Belgium Brewing, Odell
Brewing, and the Fort Collins Coloradoan have worked cooperatively with Fort Collins Police Services and
the Special Event Coordinator to implement traffic control and safety measures for events held on their
properties which substantially impacted traffic flow or pedestrian safety.
• Revising Section 23.5-3 Permits Required to include:
o Revised the dates required for completed action on applications, and appeal procedure timelines
o Exclude from the special event permit requirements property owned by other governmental entities, or
City-owned property managed by other governmental entities pursuant to an intergovernmental
agreement with the City, so long as such event does not involve the closure of any streets or
sidewalks that are normally open to the public
o Removed the time, place and route permit requirements from the Code and put them into the Terms &
Conditions to be approved by the City Manager
o Removed the indemnification, insurance, fee and deposit provisions, and put them into the Terms and
Conditions to be approved by the City Manager
o Removed the duties of the permittee from the Code, and put them into the Terms and Conditions to be
approved by the City Manager
• Revision of Section 23.5-4 Demonstration notice required to include:
o A twenty-four (24) hour notice requirement for gatherings primarily involving the communication, or
expression of views or grievances
o Gatherings defined as demonstrations may be subject to reasonable time, place, manner or route
restrictions, if deemed necessary for the safety of participants and/or the public
o Those organizing a demonstration of more than 50 persons, more than 24 hours in advance of the
activity, are encouraged to contact the Coordinator as soon as practicable prior to the activity to
determine whether any elements of such activities not related to the communication or expression of
views or grievances are subject to a permit or conditions related to public safety
The Terms and Conditions contain the following changes to requirements for special events:
• A slight increase in Special Event Permit application fees to cover some administrative costs
o Original fees:
$50 permit application fee, waived for not-for-profit organizations and neighborhood block parties
o Proposed fees:
$100 permit application fee for for-profit organizations
$50 permit application fee for not-for-profit organizations
No permit application fee for neighborhood block parties
Agenda Item 25
Item # 25 Page 3
• Permit application deadlines increased to provide adequate time for staff administrative review
• Additions to the Terms & Conditions for Special Event Permit applications include requirements for:
o Compliance with the American’s with Disabilities Act (ADA) pertaining to events
o Notifications to affected residents and businesses
o Event review meetings between the event producer and City staff
o Safety and security plans
o Reimbursing the City for providing Police Services or traffic control devices
o Event site plan and route map requirements
o Disposal of trash, providing recycling containers & post-event clean-up
o Compliance with the City’s smoking ordinance
o Portable restroom requirements
o Insurance and indemnification requirements
o Alcohol licensing requirements
o Fireworks permit requirement
o Sale of food, beverage or merchandise requirements
o Staking and utility locates
o Tents, inflatable and temporary structure requirements
Future Initiatives
The revisions to Section 23.5 pertaining to Special Events are recommended to align City Code with current
and best practices, concurrent with the implementation of the City’s new online special event permit
application.
Additional initiatives pertaining to special event permits will be forthcoming from the Special Event Coordinator
in 2018. Among these initiatives are to:
• Develop a Public Engagement Plan to obtain and utilize public input regarding Special Event Permits,
regulations and neighborhood impacts
• Develop a tier system to categorize events by their size, scope, longevity, and impacts
• Review and revise permit requirements and fees for events based on tier designation
• Develop and implement a matrix to quantify the impacts of events, both positive and negative, and to
provide criteria for new events requesting permits
• Add commercial film regulation and permitting to the Special Event Coordinator program.
CITY FINANCIAL IMPACTS
These proposed Code revisions have been submitted under Economic Health-3.4. They provide transparent,
predictable and efficient processes for citizens and businesses interacting with the City.
The increase in permit application fees should generate approximately $5,000 of additional revenue in 2018
toward recovering the cost to review and administer Special Event Permits.
BOARD / COMMISSION RECOMMENDATION
Language regarding compliance with the ADA was developed with input and assistance from the Commission
on Disabilities. The Special Event Coordinator met and discussed the proposed Code revisions with members
of the Transportation Board on November 15, 2017.
Agenda Item 25
Item # 25 Page 4
PUBLIC OUTREACH
Public outreach regarding these recommended revisions to Section 23.5 of Municipal Code included:
• Two meetings with event producers held on October 24 and 25, 2017, one in the afternoon and one in the
evening. All event producers who had submitted a special event permit application within the past 12
months were invited. Twenty-one event producers attended the meetings and offered suggestions and
clarifications which were incorporated into the proposed Code revisions
• Individual meetings and phone conferences were held with several event producers unable to attend the
meetings on October 24 and 25, 2017, to obtain their input
• The Special Event Coordinator presented information regarding the proposed Code changes at the City
Projects Fair attended by the general public, coordinated by FC Bikes and held at the Fort Collins Museum
of Discovery on October 26, 2017
• Information regarding the proposed revised Code was provided via a link on the Special Events page on
the City’s website from November 8, to November 21, 2017
In addition to this public outreach, the proposed revisions were drafted with the input of City staff from
departments involved in the permitting of special events, including Police Services, Parks, Traffic, City Clerk,
Transit, Parking Services, Risk Management, Poudre Fire Authority, and the City Attorney’s Office.
ATTACHMENTS
1. Special Event Permit Terms and Conditions (PDF)
2. Powerpoint presentation (PPTX)
Special Event Permit Terms and Conditions
DEFINITIONS
Throughout these Terms and Conditions, the following terms will have the following meanings:
• APPLICANT means the individual or organization identified in the Event Application.
• COORDINATOR shall mean the Special Event Coordinator or his or her designee
• CITY means City of Fort Collins.
• EVENT means the event identified in the Event Application.
• EVENT APPLICATION means the online or hard copy application submitted, stipulating the location
of the Site and related details of the event.
• FCPS means Fort Collins Police Services.
• PFA means the Poudre Fire Authority.
• POWER EQUIPMENT means generators, motorized equipment, refrigeration units, or amusement
rides.
• SITE means the event location identified in the Event Application, including private property for
which the Coordinator makes a specific finding regarding potential impacts to neighboring
properties and traffic on public rights of way and sidewalks under Section 23.5-2 of the City Code.
• TERM means the period of time identified in the Event application.
• TRASH means all waste, refuse, and litter generated during the event.
SECTION 1 – Special Event Permit Application procedures; fees
1.1 Compliance
Special Event organizers, along with their employees, officials, volunteers, participants, and invitees, must
comply with all applicable policies, laws, regulations, and the Fort Collins Municipal Code (City Code).
Further, such organizers must also comply with the Terms and Conditions of the Special Event Permit.
The City reserves the right to deny Special Event Permit applications for events that are deemed to be
unsafe, unsuitable, or that do not abide by applicable policies, laws, regulations, or City Code.
1.2 General Requirements/Guidelines
The following requirements/guidelines apply to all Special Events:
• Special Event Permit application approval may be dependent on the size, date, time, and location
of the event, as well as Applicant ability to ensure public/property safety concerns are addressed.
• Applicable fees and/or security deposits are required with most applications, and payment is due
prior to issuance of a Special Event Permit.
• Special Event Permit applications submitted after the deadline may result in denial of the
application.
• Failure to comply with all requirements of the Special Event Permit may result in permit
revocation or denial of future applications.
• Completion of an application does not guarantee event location, and/or issuance of a permit for
the event.
ATTACHMENT 1
• During the application review process, no advertising of the event should take place until the
permit confirmation has been received.
1.3 Special Event Permit Application Deadlines
A completed Special Event Permit application must be submitted not less than:
• 20 business days before the date of the event for block parties
• 45 business days before the date of the event for all other events not serving alcohol
• 60 business days before the date of the event for events involving the sale or service of alcohol,
or for events at the Civic Center Park/Washington Park event venue
All required attachments for Special Event Permit applications must be submitted no later than 15
business days prior to the date of the event.
Applications may not be submitted sooner than one year prior to the event date.
The City reserves the right to deny the Event if the Applicant fails to comply with these application
deadlines.
1.4 Special event Permit Fees & Deposits
A non-refundable $100 application processing fee will be required for all events, except block parties.
Events sponsored by a non-profit organization may receive a reduced application processing fee of $50.00,
if the Applicant provides a letter from the non-profit organization which states that the event is for valid
non-profit purposes under the Internal Revenue Code and lists the tax-exempt ID number; a copy of the
tax-exempt certificate must also be attached. These fees cover administrative costs for review of the
application and issuance of the permit.
There may be additional fees and deposits associated with the event depending on the location, size, and
the nature of your event.
Special Events held in a public park, including Civic Center Park/Washington Park venue, must pay park
rental fees and a security/damage deposit of $250 prior to issuance of the Special Event Permit. Park fees
are subject to change as directed by the Director of Parks. This deposit, or any portion thereof, may be
retained by the City to pay for any damage caused to the park or City property or for any costs incurred
by the City due to the use of the park for the event. A larger damage deposit (see chart below) may be
required if the City reasonably determines that the risk of any damage to City property due to the size or
nature of the event exceeds $250. The Applicant is responsible for any damage to City property that is
not covered by the security deposit.
Participants Fee per Day Damage Deposit
without Alcohol
Damage Deposit
Events with Alcohol
1-250 $100 (at least) $250 $500
251-500 $200 (at least) $250 $500
500-1499 $200 (at least) $250 $1,500
1500-2499 $200 (at least) $250 $2,500
2500+ $550 (at least) $250 $5,000
Notwithstanding any additional material or property damage arising from use, which will be collected as
stated in the permit, the following percentage of the security deposit will be retained if any of the above
permit conditions are not met:
• 25% set up prior to time approved by Coordinator
• 25% late tear down/cleanliness of space
• 50% additional set up beyond stated equipment (e.g., tents when permit stated stage only)
1.5 Application Submission and Review
The permitting process begins as soon as an Applicant submits an Event Application online. When the
status of the application changes from “Submitted” to “Under Review”, the Special Event Office has begun
to review the application. If more information is needed during review, the Applicant will be notified.
Once the application is approved and all fees/deposits are collected, and required attachments have been
received, the Applicant will receive a Permit for the event via email.
Applications will be reviewed by FCPS, Safety, Security & Risk Management, PFA, Parks, Traffic Operations,
and other appropriate departments as determined by the Coordinator prior to approval. This review
process may require additional time if questions and/or problems with the application arise.
1.6 Special Event Review Meetings
Based on the size and scope of the event, the Coordinator may request a meeting between the Applicant
and relevant City departments to review applications that may pose a significant impact to surrounding
neighborhoods and community resources. The purpose of this meeting is to review the permitting
process, the permit application, as well as City rules, regulations, policies, and requirements.
1.7 Cancellation
The City reserves the right to cancel, postpone, or reschedule the Event with 48 hours prior notice to the
Applicant, other than in the case of an emergency or the existence of other conditions (including adverse
weather and site conditions), in which case the City may cancel the Event with less notice. In the event of
such emergency, the City will refund to the Applicant any fees paid to date, or attempt to reschedule the
event to a new date.
The City reserves the right to cancel, postpone, or reschedule the Event, or revoke a permit, if the
Applicant fails to comply with these Terms and Conditions. In such event, the Applicant is not entitled to
a refund of any fees paid, and the Applicant may be liable to pay additional costs incurred by the City due
to the cancellation.
Applicant may cancel, postpone, or reschedule the event with 48 hours prior notice to the City, other than
in the case of an emergency or the existence of other conditions (including adverse weather and site
conditions), to a date mutually agreed upon by the City and the Applicant. All fees and deposits paid will
be returned to Applicant, or applied to the rescheduled event application.
Section 2 – Special Event Permit requirements
2.1 Site Plan/Route Map
An aerial, clearly detailed site plan (for fixed events) or route map (for moving events) must be provided
with an Event Application. Event Applications that do not contain clear and accurate maps cannot be
approved.
To ensure appropriate review of the Event, Applicants are encouraged to submit a site plan/route map
electronically in (PDF) Portable Document Format. Applicants should refer to the Site Plan Checklist for
site plan requirements and the Route Map Checklist for route map requirements. Omission of any
checklist elements constitutes an incomplete site plan. The site plan must be scaled to accurately
represent the location of each element of the Event. Route maps should be prepared using a route
mapping program like GPSie, PlotARoute.com or RaceEntry.com, or another program as designated by
the Coordinator.
2.2 Work Area Traffic Control Plan
Events involving street or lane closures, including but not limited to, marches, parades, runs, walks, and
bike rides, require a Special Event Permit, Work Area Traffic Control Plan, Work Area Traffic Control Plan
Approval form, and a site plan or route map. It is the Applicant’s responsibility to provide traffic control
devices for the Event, obtained from a professional traffic control company, at the Applicant’s expense.
For the safety of participants and spectators, all events that utilize city streets may be required to provide
fixed traffic control devices, volunteer course marshals/traffic monitors, paid traffic flaggers, or off-duty
police officers. Requirements will be determined based on the size, scope, and impacts of the event.
If there are street closures, PFA requires an emergency access path of no less than 20’ wide be maintained
free and clear of all immovable objects on streets and fire apparatus access roads at all times during the
event. Traffic control devices may be placed on public streets to prevent traffic from crossing, but cannot
block emergency travel. If traffic control devices are used, Applicants must ensure staff is available to
remove barricades, should emergency travel be necessary.
2.3 Notification to Surrounding Neighborhoods and Businesses
All events involving street closures and/or amplified sound that may exceed the City’s noise code
provisions are required to notify the surrounding neighborhoods and businesses impacted by the event
in advance. The notification must provide the following information:
• Date, time, location, and name of event
• On-site contact information
• Event hours (load in and load out times)
• Street closures
• Amplified sound hours (if applicable)
• A site plan or route map attached
Confirmation of such advanced notice must be provided to the City no less than five business days before
the Event.
2.4 Noise Variance
Events with amplified music or announcements are subject to the City’s noise code provisions in Chapter
20, Article II. A Noise Variance may be requested by contacting Community Development & Neighborhood
Services. For the Noise Ordinance Variance Form, visit: http://www.fcgov.com/specialevents/pdf/noise-
variance-form.pdf
Events held in Civic Center/Washington Park may only have amplified sound from 10:00 am to 9:00 pm
on Friday and Saturday, and from 12:00 pm to 8:00 pm Sunday through Thursday.
Otherwise, amplified sound may occur only from 9:00am to 10:00pm on Friday and Saturday, and from
9:00am to 8:00pm on Sunday through Thursday.
During the Event, Code Compliance Officers from the Community Development and Neighborhood
Services Department must be allowed access within the event for purposes of monitoring sound levels.
For large events, at the City’s discretion, there may be a requirement for Code Compliance Officers to
monitor sound levels, and a fee to cover the cost. A Code Compliance officer who determines the level of
noise from the event exceeds allowable levels may issue a citation for a civil infraction violation.
2.5 Event Contingency and Emergency Response Plan
Events may be required to complete an Emergency Contingency and Emergency Response plan for severe
weather, medical emergencies, and other emergency situations. Applicants may be required to complete
and submit the City’s Event Contingency and Emergency Response form. This information will be shared
with the Emergency Management Team in case it is needed in an emergency situation during the event.
2.6 Recycling and Waste Management Plan
The City requires a recycling and waste management plan at all events, addressing the requirements
described in paragraph 6.5.
Section 3 - 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. All applicants,
except those that are public entities, shall also agree to 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 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 4 – Insurance
Proof of General Liability insurance coverage is required for most special events occurring on City
property. The Coordinator in consultation with the Safety, Security & Risk Management office 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.
A minimum of $1 million per occurrence liability policy with the City of Fort Collins listed as “additionally
insured” is required before an Event Permit will be approved. Higher amounts may be required based on
the event. The event name and dates should also be on the certificate, and the policy must be current
through the event date.
Section 5 - Traffic-control fees
Applicants may be billed for actual traffic-control services required and rendered by the City.
Section 6 - Duties of permittee
6.1 ADA Compliance
All events are required to comply with all applicable City, County, State, and Federal Disability Access
Requirements.
All goods, activities, services, and benefits of the event (the “Amenities”) that are available to other
members of the public must be made accessible to people with disabilities. If any portion of the event
Amenities cannot be made accessible, an alternate area shall be provided with accessibility to the same
Amenities that are offered in the inaccessible area. The Amenities cannot be offered only to patrons with
disabilities.
Access to Amenities offered may include, but is not limited to: concerts/shows, parking, restrooms,
portable toilets, telephones, clear paths of travel, transportation, signage, vendor/booth goods, water
fountains, shelter, first aid stations, and any other common Amenities. If all Amenities are not accessible
in a public area, a map or program must be provided identifying where they are accessible.
6.2 Alcohol
Applicant will not bring or consume or distribute any alcoholic beverages at the Site except with the City's
prior written consent and a valid Special Event Liquor Permit issued pursuant to Chapter 3, Article III,
Section 3-83.5 of the City Code. The Applicant will ensure that its officers, employees, contractors,
subcontractors, licensees, and permittees comply with the Terms and Conditions of the Special Event
Liquor Permit. Applicant will be required to describe how the perimeter of the event will be established
(roping, fence, etc.), and how the applicant will keep alcohol from being removed from the event location.
More information on Liquor Licensing here.
6.3 Carnivals and Circuses
Carnivals and circuses may require permitting from multiple City departments/agencies, depending on
where the carnival is taking place. Inspections and insurance will be required.
6.4 Fireworks
If fireworks or other pyrotechnic displays are to be a part of the Event, the Applicant will contract with a
Fireworks Display Operator licensed by the State of Colorado. The Application for a Display Permit must
be submitted by the Display Operator to the PFA for review. The Application to Display Permit from PFA
does not automatically grant permission to shoot fireworks at the event. Other permits may be required,
and the location of the event will be a determining factor in approving or denying fireworks at the event.
6.5 Trash, Recycling, and Post Event Cleanup
The Applicant will dispose of all trash and recyclables generated by the Event daily, as well as immediately
after conclusion of the Event, and will leave the Site in a clean and safe condition.
The City encourages recycling at all events. Examples of recyclable materials include paper, aluminum,
glass, plastic, and cardboard. The Applicant is responsible for providing appropriate recycling containers.
If applicable, the Applicant will also provide appropriate containers for the disposal of grease and oil and
dispose of such material as required by Trash and Recycling Municipal Code.
The Site must be cleaned, including power washing if necessary, following the City's Storm Water Policies
and Procedures, and all event items must be removed, including trash/recycling containers, power
equipment, portable toilets, etc., by the next day of business no later than 6:00 a.m.
6.6 Permitted Use
The Applicant will use the Site only for the Event as described in the Application, and for no other purpose
without the City's prior written consent. The Applicant will not prune, cut, plant, damage, or remove
vegetation, without prior written permission from the City.
6.7 Restoration
The Applicant will remove any equipment, materials, installations, or other objects from the Site on or
before the expiry or sooner termination of the Term. If the Applicant fails to do so, the City may, at its
option, remove any such remaining equipment, materials, installations, or other objects and store the
same at the sole cost and liability of the Applicant, provided that if the Applicant does not recover such
items and compensate the City for any reasonable removal or storage costs therefore thirty (30) days
after receipt of written notice to do so, the City may, at its option, dispose of such items and retain the
proceeds, if any, pursuant to City policies, without liability for damage to or loss of any such items.
6.8 Restrooms
Depending on the scope and size of the event, Applicant must provide portable restroom facilities as
follows: one portable unit per 150 guests. ADA compliant accessible portable restrooms must be
provided.
6.9 Safety/Security
FCPS will work closely with Applicant to review the security needs for the event. Depending on the size,
scope, location or other public safety related considerations of the event, Police Services may require
officers or professional security personnel on-site during the event to protect the safety of people and
property. Applicant will be notified of the requirements for police personnel and will be responsible for
the cost of those officers.
The Applicant must designate a contact person with decision making authority who will be continuously
available to law enforcement personnel and present at the event.
PFA may charge large events for services, including but not limited to, on-site walk through, plan review,
on-site incident command, on-site emergency care, and fire prevention. The cost of staffing PFA personnel
for the event will be the responsibility of the Applicant.
6.10 Sale of Food, Beverage, or Merchandise
Individual vendors selling or distributing food, beverage, or merchandise at the event are not required to
obtain an Outdoor Vendor License if a Special Event Permit has been issued for the event. The Applicant
must provide the City Sales Tax Office with a written list of all authorized vendors at the Event. Any person
who intends to sell any goods or services on the Site must first obtain a Sales Tax License from the City's
Sales Tax Office. Each individual vendor will be required to have their own Sales Tax License. The signed
license must be displayed and easily visible on the vendor(s) equipment while at the event. The Applicant
is responsible for ensuring that the vendors participating in the event comply with these requirements.
If non-packaged food is being sold at the Event, the Applicant must direct the vendors to complete the
Larimer County food vendor application.
All vendors at the Event who cook or heat food with any flames or deep frying, must comply with the
regulations set forth by PFA. These vendor requirements are listed on PFA's website, and a copy must be
distributed by the Applicant to each of the event’s vendors prior to the beginning of the event.
6.11 Smoking
The Applicant will prohibit smoking at the Event in accordance with Chapter 12, Article III of the City of
Fort Collins Municipal Code. All smoking is prohibited at events permitted by the City, on City owned
property, or in the downtown Fort Collins Smoke-Free Zones. More information on Smoking in Fort Collins,
including a map, can be found here.
6.12 Staking and Utility Locates
Any staking into the ground deeper than 6" will require a call to the Utility Notification Center of Colorado
for Utility Locates (811 or 1-800-922-1987). The Applicant will provide electrical power required for the
purposes of the Event. The Applicant may schedule a meeting with City Parks staff at least two weeks
prior to the date of the event to determine irrigation line locates, electrical needs, water needs, and to
discuss any other potential problems associated with the event. Failure to timely schedule and attend
this meeting may result in revocation of the Special Events Permit. For the Parks Department, call 970-
221-6660.
6.13 Tents, Inflatables, and Temporary Structures
All tents or other air supported membrane structures greater than 400 square feet (20’ x 20’) must obtain
a tent permit from PFA. Any canopy over 700 square feet also requires this permit.
__________________________________
Darin Atteberry, City Manager
Date: __________________________
APPROVED AS TO FORM:
_________________________________
Assistant City Attorney
1
Special Event Municipal Code Revisions
Jan Sawyer, Special Event Coordinator
Lt. Jim Byrne, Fort Collins Police Services
February 6, 2018
Special Event Coordination Program
Special Event Coordinator:
Position created in 2015
• Coordinates Special Event Permit work by City staff
• Central point of contact for event producers, citizens,
businesses, City staff and leadership
• Key 2017 deliverables:
- Update and revise Municipal Code pertaining to special
events
- Streamline application process by developing an online
Special Event Permit application
City Departments Reviewing
Special Event Permits
City Attorney’s Office
City Clerk – Liquor Licensing
Code Enforcement
CPIO
Parking Services
Parks
Police Services
Poudre Fire Authority
Safety & Risk Management
Special Event Coordinator
Streets
Traffic
Transfort
2
Fort Collins Municipal Code – Special Events
3
Section 23-5:
Special Events & Demonstrations
• Has not been updated in more than a decade
• Major changes requested include:
• Updated definitions
• Definition of Special Event Coordinator
• Creation of Terms & Conditions
Revised Definitions
Revisions to Definitions in Section 23.5-2
• Minor revisions to Block Party for clarification
• Change “Coordinator” from Police Chief to Special Event Coordinator
• Add Funeral Procession definition to differentiate from a parade
• Clarifications to definition of Special Event
4
Municipal Code Revisions – Special Events
Section 23.5-3 -- Permit Required
(a) Include requirement for special event permit for events, “on private property where the event
impacts a public right of way or adjacent property uses…”
• Formalizing a practice already conducted informally with private property owners whose events
have significant traffic or safety impacts
• New Belgium Brewing, Odell Brewing and The Coloradoan have all worked cooperatively with Fort
Collins Police Services and the Special Event Coordinator to implement traffic control and safety
measures for events held on their private property that impacted traffic flow or pedestrian safety
5
Municipal Code Revisions – Special Events
Section 23.5-3 -- Permit Required
(b) (1) Exclude from the special event permit requirements property owned by other governmental
entities, or City-owned property managed by other governmental entities pursuant to an
intergovernmental agreement with the City, so long as such event does not involve the closure of any
streets or sidewalks that are normally open to the public;
• Events taking place entirely within an area controlled by another governmental entity (ex. Old Town
Square) will not be required to obtain a Special Event Permit from the City, provided they do not
close streets or sidewalks
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Municipal Code Revisions – Special Events
Section 23.5-4 – Demonstration Notice Required
(a) & (b) A twenty-four (24) hour notice requirement for gatherings of more than 50 persons primarily involving
the communication, or expression of views or grievances. Gatherings defined as demonstrations may be
subject to reasonable time, place, manner or route restrictions, if deemed necessary for the safety of
participants and/or the public
(c) Those organizing a demonstration of more than 50 persons, more than 24-hours in advance of the activity,
are encouraged to contact the Coordinator as soon as practicable prior to the demonstration to determine if
any elements are subject to permits or conditions related to public safety
• Demonstrations are typically last minute gatherings of persons communicating views or airing grievances,
and cannot meet the timelines to apply for a Special Event Permit
• Coordinator will review demonstrations planned further out to determine if any elements of their activity
(tents, vendors, etc.) are subject to permits or conditions related to public safety
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Municipal Code Revisions – Special Events
Section 23.5-4 -- Permit Requirements
Administrative regulations. The City Manager or his/her designee is authorized to promulgate such
rules and regulations, and permit terms and conditions, as are necessary to effectuate the
implementation, administration and enforcement of this Chapter.
• Staff recommends that Special Event Permit application procedures, fees, and requirements be
moved from Municipal Code into an administrative Terms and Conditions document approved by the
City Manager
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Municipal Code Revisions – Special Events
9
Terms and Conditions for Special
Event Permit Applications:
Application Fee Increase:
• $100 application processing fee
• $50 for not-for-profit organizations
• No fee for neighborhood block parties
Application Deadlines:
• Lengthened to provide adequate time for
staff review
Municipal Code Revisions – Special Events
10
Additional Requirements Added to
Terms and Conditions for Special Events:
• Event compliance with the Americans with Disabilities Act
• Review meeting between event producer and City staff
• Portable restrooms
• Notifications to affected residents & businesses
• Safety & security plans
• Site plan & route maps
• Compliance with the City’s No Smoking Ordinance
• Trash, recycling & post-event clean-up
Special Event Coordinator Program:
2018 Deliverables
• Develop a Public Engagement Plan to obtain and utilize public input
regarding Special Event Permits, regulations and neighborhood
impacts
• Develop a tiered event system
• Events categorized by size, scope, longevity, and impacts
• Permit requirements and fees correspond to tier designation
• Develop a matrix to quantify impacts of events both positive and
negative
• Review and update permit fees to recover administrative costs
• Add commercial film permitting to the SEC program
Municipal Code Revisions – Special Events
11
Municipal Code Revisions – Special Events
Thank you for your time and consideration
Questions & Discussion
12
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ORDINANCE NO. 018, 2018
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
WHEREAS, on April 21, 1987, the City Council adopted Ordinance No. 018, 1987,
establishing standards for issuing City permits for special events; and
WHEREAS, the Special Event Coordinator program was created in 2015 to facilitate and
coordinate the issuance of special event permits by various City departments, while also
providing a central point of contact for event producers, citizens, businesses, and City staff
seeking information or guidance about special events; and
WHEREAS, since that time, staff has been working diligently to update their processes
and procedures regarding the issuance of special event permits; and
WHEREAS, the City has a right and a responsibility to regulate the time, place and
manner of special events to protect the public health and safety of its residents, and to reduce the
adverse impacts on public spaces, the environment, businesses and neighborhoods in the City;
and
WHEREAS, after thorough review of Chapter 23.5, City staff is recommending that it be
amended to do the following:
• be consistent with current practices including designating the Special Event
Coordinator as the staff person responsible for special events and revising the
dates for application submittals and appeals;
• exclude funeral processions from the special event permit requirements because
Fort Collins Traffic Code Section 1417 already regulates funeral processions;
• exclude from the special event permit requirements property owned by other
governmental entities, or City-owned property managed by other governmental
entities pursuant to an intergovernmental agreement with the City, so long as such
event does not involve the closure of any streets or sidewalks that are normally
open to the public;
• be more clearly consistent with the current state of applicable First Amendment
case law by distinguishing demonstrations from special events, and specifying
different notice requirements for demonstrations;
• reduce the potential for adverse impact on public spaces by revising the definition
of special event in the City Code to include events on private property that
substantially impact a public right of way or adjacent public property; and
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• authorize the City Manager to approve permit terms and conditions to reduce the
level of discretion the Special Event Coordinator has in making these decisions;
• incorporate the permit conditions, permittee duties, indemnification and insurance
provisions, and fees and deposits into the terms and conditions as approved by the
City Manager to allow for more flexibility in making timely changes to these
provisions consistent with policy, practice, and law, while ensuring there is not
unfettered discretion in adopting such changes; and
WHEREAS, the Council has determined that the proposed amendments are in the best
interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Chapter 23.5 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-1. Purpose.
This Chapter establishes the standards for the issuance of a permitrequirements for special
events, parades, block parties, and demonstrations in the City. Unless expressly stated herein, the
requirements of this Chapter do not replace or substitute for other permitting requirements that
may apply to activities held on public properties as may be set forth in other chapters of this
Code.
Sec. 23.5-2. Definitions.
Applicant shall mean any person or organization who seeks a 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.
Block party shall mean a festive gathering of neighbors on a residential street including but not
limited to barbecues, picnics, music, or games. requiring the closure of a street or a portion
thereof to vehicular traffic and use of the street for the festivity, including barbecues, picnics,
music or games. 25.
Coordinator shall mean the Chief of Police Special Event Coordinator or his or her designee.
Demonstration shall mean a rally, picketing, speechmaking, marching, vigil, religious services or
any other similar gathering or parade that primarily involves the communication or expression of
views or grievances, engaged in by more than one (1) person, that occurs on a street or highway,
including sidewalks, or on a publiclyCity-owned outdoor mall or plaza, or on other property
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owned or leased by the City, which demonstration activity does not comply with traffic laws and
controls or which may, in the reasonable judgment of the Coordinator or the service area director
responsible for the administration of any City affairs on the subject property, obstruct, delay or
interfere with the normal activities, operations or flow of pedestrian or vehicular traffic on the
property or which may create a significant risk of injury to the general public or participants in
the activity demonstration or other persons.
Event shall mean all demonstrations and special events as defined herein.
Funeral or funeral procession shall mean a coordinated array of motor vehicles in which the lead
vehicle displays a sign, pennant, flag, or other insignia furnished by a funeral home indicating a
coordinated procession (unless led by a state or local law enforcement vehicle) and each vehicle
participating in the procession is operating its headlights, as further described in Section 1417 of
the City of Fort Collins Traffic Code.
Parade shall mean a march or procession not primarily involving the communication or
expression of views or grievances, consisting of persons, animals or vehicles, or combination
thereof, on any street or highway, including sidewalks, which obstructs, delays or interferes with
the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws or
controls.
Permit or special event permit shall mean a permit issued for either a demonstration a special
event or special event as defined in this Section.
Permittee shall mean any person or organization who has been issued an event permit by the
Coordinator.
Public entity shall mean the State; any institution, agency, instrumentality, authority, county,
municipality, city and county, district or other political subdivision of the State, including any
school district and institution of higher education.
Special event or event shall mean a parade, athletic contest, block party, parade, street fair,
festival, outdoor concert, art and craft show, carnival, fun run or walk, bike ride or race or foot
race, block party, soap box derby, or other outdoor event which is not a demonstration as defined
in this Section, that occurs on a street or highway, including sidewalks, or on a publiclyCity-
owned outdoor mall or plaza or park, or on other property, including private property and
property owned or leased by the City, which event does not comply with traffic laws and
controls or which may, in the reasonable judgment of the Coordinator or the service area director
responsible for the administration of any City affairs on the property impacted by the event,
obstruct, delay or interfere with the normal activities, operations or flow of pedestrian or
vehicular traffic on the public property or which may create a significant risk of injury to the
general public or participants in the event or other persons.
Special event terms and conditions shall mean the document setting forth the administrative
requirements, rules and regulations governing special events that is approved as to form by the
City Attorney’s Office, and adopted by the City Manager pursuant to §23.5-3.
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Street or highway has the same meaning as defined in Part 20 of the Fort Collins Traffic Code, as
adopted in Section 28-16, and includes bike and pedestrian lanes or paths.
Sec. 23.5-3. Permit required.
(a) Any person desiring to conduct an event in the City, including on private property where
the event impacts a public right of way or adjacent public property uses, shall first obtain a
permit under this Chapter. from the Coordinator; provided, however, that
(b) Aan event permit shall not be required for the following:
(1) Events that occur exclusively within City natural areas, or recreation areas, or on
property owned by other governmental entities, or City-owned property managed by
other governmental entities pursuant to an intergovernmental agreement with the City, as
the same are defined in this Chapter, and do not involve the closure of any streets or
sidewalks that are normally open to the public. All events within City natural areas, or
recreation areas, or on property owned by other governmental entities, or City-owned
property managed by other governmental entities pursuant to an intergovernmental
agreement with the City, 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 the requirements of
Chapter 23, Articles IX and X, respectively.;
(2) Parades involving a total of forty (40)fifty (50) or fewer pedestrians marching
along a route that is restricted to sidewalks and which crosses streets only at pedestrian
crosswalks in accordance with traffic regulations and controls; pedestrians participating
in such parades shall cross streets in groups of fifteen (15) people or less, and shall allow
vehicles to pass between each group;
(3) Funeral processions;
(4) Demonstrations.
(c) Special event permit applications may not be submitted sooner than one (1) year prior to
the event date. Such submissions by any person desiring to conduct a special event in the
City must occur not less than:
(1) twenty (20) business days before the date of the event for block parties;
(2) forty-five (45) business days before the date of the event for all other events not
serving alcohol; or
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(3) sixty (60) business days before the date of the event for events involving the sale
or service of alcohol, or for events at the Civic Center Park/Washington Park event
venue.
Sec. 23.5-4 Demonstration notice required.
(a) Any person desiring to conduct a demonstration in the City, including on private property
where the activity impacts a public right-of-way or adjacent public property use, shall file
a notification of demonstration with the Coordinator in the manner established by the
Coordinator at least twenty-four (24) hours prior to the demonstration. Failure to provide
such notice may result in restriction, relocation, or prohibition of the activity.
(b) The Coordinator and public safety officials need advance notice of a demonstration so
they can advise demonstration organizers of permissible activities pursuant to the City
Code, determine whether additional security is needed based upon the number of
anticipated participants, and work with demonstration organizers to determine reasonable
time, place, manner, location and route restrictions to protect the safety of persons and
property.
(c) Any person organizing a demonstration more than twenty-four (24) hours in advance,
expected to involve more than fifty (50) persons, or where the activity is expected to
substantially impede or interfere with vehicular traffic or pedestrian use of any public
right-of-way, is encouraged to contact the Coordinator as soon as practicable prior to the
activity, to determine whether elements of such activity not related to the communication
or expression of views or grievances are subject to a permit or conditions related to
public safety.
Sec. 23.5-45. Application procedure; fee Permit application dates; fees; deposits.
(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.
(b) If the application is for a demonstration, the Coordinator shall, upon a showing of good
cause, 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 may
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.
(c) If the applicant is not an organization qualified for exemption from the payment of City
sales and use taxes pursuant to § 25-94, the application for a permit shall be accompanied by a
nonrefundable permit application fee in an amount set by the City Manager in accordance with §
7.5-1. The fee shall cover, but not exceed, the full cost of processing and investigating such
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permit applications and administering the permit program. No permit application fee shall be
charged to organizations qualified for exemption from the payment of City sales and use taxes
pursuant to § 25-94.
(a) Any person desiring to obtain an event permit must file a complete application, including
all required attachments, with the Coordinator within the time periods set in the administrative
rules and regulations, and special event terms and conditions.
(b) Prior to issuance of a permit, the applicant shall pay to the City all applicable fees and
deposits in amounts determined by the City Manager in accordance with § 7.5-1 to be sufficient
to cover the full cost of processing and investigating such permit application and administering
the permit program set forth in this Chapter.
(c) 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 shall be invoiced for the estimated traffic-control or security
costs. 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) Traffic control and security charges shall be paid within ten (10) days of the date on the
invoice, even if the applicant is seeking appeal under § 23.5-9.
Sec. 23.5-56. Action on application.
The Coordinator shall approve, conditionally approve or deny an application on the grounds
specified in § 23.5-6 this Chapter. 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
applicable and fees, if applicable. If the application is denied or conditionally approved, the
Coordinator shall inform the Aapplicant in writing of the grounds for denial or the conditions on
the permit and the Aapplicant's right of appeal under § 23.5-9. 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 Aapplicant in writing of the reason for the
refusal, and of the Aapplicant's right of appeal.
Sec. 23.5-67. 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:
(1) Information contained in the application, or supplemental information requested
from the Aapplicant, is found to be materially false in any material detail; or
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(2) The Aapplicant 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 the demand for police, fire or other emergency services
to the remainder of the City due to more than one (1) event occurring anywhere in the
City; or
(4) The time, route or size of the event will substantially interrupt the safe and orderly
movement of traffic on or contiguous to the event site or route or will disrupt the use of a
street or highway at a time when it is usually subject to traffic congestion; or
(5) The size, nature or location of the event will present a substantial risk to the health
or safety of the public or participants in the event or other persons; or
(6) The size of the event will require diversion of so great a number of peace officers
of the City to ensure that participants stay within the boundaries or route of the event, or
to protect participants in the event, as to prevent normal protection to the rest of the City;
nothing herein authorizes denial of a permit because of the need to protect participants
from the conduct of others, if reasonable permit conditions can be imposed to allow for
adequate protection of participants with the number of peace officers available to police
the event; or
(7) The location of the event will substantially interfere with any construction or
maintenance work scheduled to take place upon or along the City streets, parks, or other
City facilities or a previously granted encroachment permit; or
(8) The event shall occur at a time when a school is in session on a route or at a
location adjacent to the school or class thereof, and the noise created by the activities of
the event would substantially disrupt the educational activities of the school or class;
(9) The event involves the use of hazardous, combustible or flammable materials
which could create a fire or safety hazard;
(10) The event will violate an ordinance or statute;
(11) The applicant has failed to pay costs, fees or deposits for the application or for
previous special events permits; or
(12) The applicant has failed to abide by the requirements or conditions of previous
special events permits.
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(b) When the grounds for denial of an application for permit specified in Paragraphs (a)(4)
through (a)(9) above can be corrected by altering the date, time, duration, route or location of the
event, the Coordinator shall, instead of denying the application, conditionally approve the
application upon the applicant's acceptance of conditions for permit issuance. The conditions
imposed shall provide for only such modification of the applicant's proposed event as are
necessary to achieve compliance with said Paragraphs.
Sec. 23.5-78. 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 Eevent and such requirements as are
necessary to protect the safety of persons and property and the control of traffic. Such conditions
may include but are not limited to those described in § 23.5-10 and as set forth in administrative
policies and procedures, rules and regulations, and special event terms and conditions adopted by
the City Manager. include but are not limited to the following:
(1) Alteration of the date, time, duration, frequency, route or location of the event;
(2) Conditions concerning the area of assembly and disbanding of parades or other
events occurring along a route;
(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;
(4) Requirements for the use of traffic cones, barricades or other traffic-control
devices to be provided, placed and removed by the permittee at its expense;
(5) Requirements for provision of emergency access and first aid or sanitary
facilities;
(6) Requirements for arrangement of supplemental fire protection personnel to be
present at event at the permittee's expense;
(7) Requirements for use of event monitors and providing notice of permit conditions
to event participants;
(8) Restrictions on the number and type of vehicles, animals or structures at the event
and inspection and approval of floats, structures and decorated vehicles for fire safety by
the Poudre Fire Authority;
(9) Requirements for use of garbage containers, cleanup and restoration of City
property;
(10) Restrictions on use of amplified sound;
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(11) A requirement that an event permit to conduct a block party may be conditioned
on the giving of 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, without limitation, a temporary vendor's license under § 15-382 et
seq., a special event liquor license under Section 12-48-101 et seq. C.R.S., 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 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.
Sec. 23.5-89. Appeal procedure.
The Aapplicant shall have the right to appeal the denial of a permit, or the imposition of a permit
condition, or a fee under § 23.5-5. 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)
three (3) business days after mailing or personal delivery receipt of a notice of denial or permit
condition. Such receipt of notice shall be presumed three (3) business days after the date of
mailing to the address provided in the application. The City Manager or his or her designee shall
administratively review the decision to deny the permit or impose conditions no later than ten
(10) five (5) business days after the filingreceipt of the appeal notice. No hearing on the matter
shall be required. 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 or her
designee shall render his or her written decision no later than one (1) business day thereafter
reviewing the decision. 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.
Sec. 23.5-910. Permit issuance; rules and regulations; terms and conditions.
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(a) The City Manager or his or her designee is authorized to promulgate such rules and
regulations, and permit terms and conditions, as are necessary to effectuate the implementation,
administration, and enforcement of this Chapter.
If, after review of the criteria contained in § 23.5-6 above, the Coordinator determines that a
permit should be granted,
(b) The Coordinator shall act in accordance with the City Manager’s rules and regulations.
(c) tThe Coordinator shall issue the event permit once the applicant has acknowledged and
agreed in writing to comply with all the rules and regulations and special event terms and
conditions terms and conditions of the permit, including but not limited to the following: and the
following sections of this Chapter have been complied with:
(1) Section 23.5-10 pertaining to iIndemnification agreement;
(2) Section 23.5-11 pertaining to iInsurance coverage;
(3) Section 23.5-12 pertaining to traffic-control fees; and
(4) Section 23.5-13 pertaining to cleanup deposits (when applicable)
(3) Application deadlines;
(4) Site plan / route map requirements;
(5) Notification requirements;
(6) Noise variance (when applicable);
(7) Emergency response plan;
(8) Recycling and waste management plan;
(9) ADA requirements;
(10) Alcohol, smoking and firework restrictions;
(11) Safety and security requirements;
(12) Restoration requirements;
(13) Sale of food, beverage, or merchandise restrictions;
(14) Staking and utility locate restrictions;
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(15) Any and all special event terms and conditions.
Application approval may be dependent or conditioned on reasonable time, place, and manner
restrictions, as well as applicant’s ability to address public property and safety concerns.
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. All applicants, except those that are public entities, shall also agree to 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 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.
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 event unless the Coordinator for
good cause changes the filing deadline, in which event such documents shall be provided on 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.
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(d) If the Coordinator waives the insurance requirements set forth in Subsections (a) and (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.
(e) Notwithstanding any provision of this section to the contrary, the Coordinator shall
require all public entity permit holders to provide public liability insurance as required by
Subsection (a) above in lieu of indemnifying the City under the provisions of Section 23.5-10.
Sec. 23.5-12. - Traffic-control fees; optional use of pre-established 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 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.
(b) Computing traffic-control fees . Traffic-control fees will be computed based on an hourly
rate with a minimum charge of two (2) hours per officer or supervisor. The hourly rate is based
upon negotiated benefits for peace officers and will be updated periodically. The Coordinator
shall keep a record of such rate.
(c) Refunds or overruns . If the actual cost for traffic control on the date of the event is less
than the estimated cost pursuant to Subsection (a) above, the difference will be promptly
refunded to the applicant by the City, subject, however, to the minimum stated in Subsection (b)
above. If the actual cost for traffic control is more than the estimated cost, the City shall bill the
applicant for the excess and the applicant shall pay the same within ten (10) days of the date of
the bill.
(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.
(e) Waiver of fees for demonstrations . Traffic-control fees will be waived by the
Coordinator for demonstrations if the following conditions are satisfied:
(1) The applicant signs a verified statement that he or she believes the event's purpose
is First Amendment expression, and that he or she has determined that the cost of traffic-
control fees is so financially burdensome that it would constitute an unreasonable burden
on the right of First Amendment expression; and
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(2) The applicant selects one (1) of the preestablished event routes.
Sec. 23.5-13. - Cleanup deposits for certain 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 Coordinator, based upon an estimate of
the actual costs reasonably estimated to be incurred by the City in the cleanup of an event of like
nature and size.
(b) The cleanup deposit shall be returned after the event if the area used for the event has
been cleaned and restored to the same condition as existed prior to the event.
(c) If the property used for the event has not been properly cleaned or restored, the applicant
shall be billed for the actual cost to the City for cleanup and restoration, and the cleanup deposit
(or a portion thereof) shall be applied toward payment of the bill. If the applicant disputes the
bill, he or she may appeal to the Coordinator within ten (10) days of the date of the bill. Should
there be any unexpended balance on deposit after completion of the work, this balance shall be
refunded to the applicant. Should the amount of the bill exceed the cleanup deposit, the
difference shall be billed to the applicant by the City and the applicant shall pay the same within
ten (10) days of the date of the bill.
Sec. 23.5-14. - Duties of permittee.
(a) The permittee shall comply with all terms and conditions of the special event permit.
(b) The permittee shall ensure that the person leading a parade or other event along a route,
or the person in charge of any other event, is familiar with all the provisions of the permit and
carries the event permit on his or her person for the duration of the event.
(c) The permittee shall ensure that the area used for the event is cleaned and restored to the
same condition as existed prior to the event, immediately following the completion of the event.
Sec. 23.5-1511. 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, or Fort Collins Police Services 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 noncompliance with special event terms and permit conditions.
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(d) The applicant is not entitled to a refund of any fees paid, and the applicant may be liable
to pay additional costs incurred by the City due to the revocation.
Sec. 23.5-1612. Violations; penalties.
(a) It is unlawful for any person to sponsor or conduct a parade, or athletic event, other
special event or demonstration requiring an 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.
(b) It is unlawful for any person to interfere with or disrupt a lawful demonstration, event or
parade, athletic event or other special event.
(c) It is unlawful for any person to conduct a demonstration requiring a notification of
demonstration without first providing the required notice.
(d) It is unlawful for any person to sponsor or conduct a demonstration that does not comply
with all reasonable time, place, manner, and route restrictions deemed necessary by the
Coordinator and public safety officials.
(ce) The event permit authorizes the permittee to conduct only such event as is described in
the permit in accordance with the special event terms and conditions of the permit. It is unlawful
for the permittee to knowingly violate the special event terms and conditions of the permit, or for
any event participant with knowledge thereof to knowingly violate the special event terms and
conditions of the permit.
(df) In addition to the penalties set forth in § 1-15, the Coordinator may consider the violation
of the special event terms and conditions of a previous permit in approving or denying future
event applications by the same applicant or organization.
Section 3. That Sections 23.5-13 through 23.5-16 of the Code of the City of Fort
Collins shall be reserved.
Introduced, considered favorably on first reading, and ordered published this 6th day of
February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D.
2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 20th day of February, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk