Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/21/2017 - FIRST READING OF ORDINANCE NO. 164, 2017, AMENDINGAgenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY November 21, 2017 City Council STAFF Jan Sawyer, Special Event Coordinator Bronwyn Scurlock, Legal Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 164, 2017, 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 these events take place safely on its streets and in its parks. The City has 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 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, Chapter 23.5 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. THIS ITEM HAS BEEN WITHDRAWN AND RESCHEDULED TO JANUARY 16, 2018 Agenda Item 24 Item # 24 Page 2 Recommended changes to Municipal Code, Chapter 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 Exempting a demonstration and funeral procession from a Special Event Permit, subject to the Special Event Permit requirements o Creating a separate requirement for demonstrations such that notification must be filed on-line with the Coordinator at least twenty-four hours prior to the demonstration o Delegating administrative rule-making by which the City Manager is authorized to promulgate rules and regulations, and permit terms and conditions, as are necessary to effectuate the orderly and safe implementation, administration and enforcement of the Special Event Permits o Revising the definition of Special Event to include events on private property if the event substantial impacts a public right of way or adjacent public properties o 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 property which substantially impacted traffic flow or pedestrian safety • Revising Section 23.5-3 Permits Required, to include: o Revising application filing and appeal dates o Relocating time, place and route permit requirements from the Code to the administrative Terms & Conditions to be approved by the City Manager o Relocating indemnification, insurance, fee and deposit provisions from the Code to Terms and Conditions to be approved by the City Manager o Relocating the duties of the permittee from the Code to the Terms and Conditions to be approved by the City Manager The Special Event Terms and Conditions (Attachment 1) contain the following updated requirements for Special Events: • A slight increase in Special Event Permit application fees to cover 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 o Permit application deadlines increased to provide adequate time for staff administrative review • Additions to the Terms and Conditions for Special Event Permit applications, to 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 Alcohol licensing requirements o Fireworks permit requirements o Sale of food, beverage or merchandise requirements Agenda Item 24 Item # 24 Page 3 o Staking and utility locates o Tents, inflatable and temporary structure requirements Future Initiatives The revisions to Chapter 23.5 pertaining to Special Events are recommended in order to align Municipal Code with current, and best practices, concurrent with the implementation of the City’s new on-line 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: • Research, design and implement a process for soliciting and gathering input from affected neighborhoods and businesses prior to approval of Special Event Permits • 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. PUBLIC OUTREACH Public outreach regarding these recommended revisions to Chapter 23.5 of Municipal Code included: • Two meetings with event producers held on October 24 & 25, 2017. All event producers who 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 & 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 Code updates was provided via a link on the Special Events page on the City’s website from November 8 to November 21, 2017 • Language regarding compliance with the ADA was developed with input and assistance from the Commission on Disabilities. 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 Terms and Conditions (DOCX) 2. Powerpoint presentation (PDF) 1 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 2 • 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 3 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. 4 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. 5 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 6 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. 7 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. 8 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. 9 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 November 21, 2017 ATTACHMENT 2 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 done informally with private property owners whose events have significant traffic or safety impacts • New Belgium Brewing, Odell Brewing and The Fort Collins 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 (a)(4) Demonstrations are not required to obtain a special event permit provided, “a notification of demonstration application has been filed on-line with the Coordinator at least twenty-four (24) hours prior to the demonstration. Demonstrations: A group of people primarily involved in the communication or expression of views or grievances. • Oftentimes demonstrations are as a result of last minute gatherings of a group of people, and cannot meet the timelines to apply for a Special Event Permit • 24-hour notice allows public safety personnel to make preparations to insure the safety of participants and provide traffic control 6 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. 7 Municipal Code Revisions – Special Events 8 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 9 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 mechanism for neighborhood input on events • Procedures for gathering input from affected neighborhoods • Determine how input is used in approving Special Event Permits • 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 10 Online Special Event Permit 11 -1- ORDINANCE NO. 164, 2017 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: • update the City Code to be consistent with current practices including designating the Special Event Coordinator as the staff person responsible for special events, excluding funeral processions from the special event permit requirements, and revising the dates for application submittals and appeals; • 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; • 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 • 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 -2- 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 publicly owned outdoor mall or plaza, or on other property owned or leased by the City, which demonstration does not comply with traffic laws and controls or which may, in the judgment of the Coordinator or the service area director responsible for the administration of any City affairs on the 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 public or participants in the demonstration or other persons. Event shall mean all demonstrations and special events as defined herein. -3- 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 defined under Section 1417 of the City of Fort Collins Traffic Code. Parade shall mean a march or procession 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 not primarily involving the communication or expression of views or grievances, 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 publicly 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 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 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. 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 -4- (b) Aan event permit shall not be required for the following: (1) Events that occur exclusively within City natural areas or recreation areas, 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 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) or fewer pedestrians marching along a route that is restricted to sidewalks and which cross 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. Sec. 23.5-4 Demonstration notice required. Any person desiring to conduct a demonstration in the City including on private property where the event impacts a public right-of-way or adjacent public property uses, 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. 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. -5- (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 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: -6- (1) Information contained in the application, or supplemental information requested from the Aapplicant, is found to be materially false in any material detail; or (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 -7- (12) The applicant has failed to abide by the requirements or conditions of previous special events permits. (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 Event 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; -8- (10) Restrictions on use of amplified sound; (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 his or her review of 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. -9- (a) 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. If, after review of the criteria contained in § 23.5-6 above, the Coordinator determines that a permit should be granted, (b) 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; (15) Any and all special event terms and conditions. -10- 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. -11- (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 -12- (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. -13- (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 cancellation. 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 parade, athletic event or other special event. (c) It is unlawful for any person to conduct a special event on private property that obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, hallway or any other place used for the passage of persons, vehicles or conveyances to which the public or a substantial group of the public has access, whether the obstruction arises from that person’s acts alone or from that person’s acts and the acts of others. (cd) 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. (de) 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 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk -14- Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk