HomeMy WebLinkAbout018 - 04/21/1987 - ADDING TO THE CITY CODE REGARDING SPECIAL EVENTS ORDINANCE NO. 18, 1987
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADDING CHAPTER 92 TO THE CODE OF THE CITY
OF FORT COLLINS REGARDING SPECIAL EVENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1 . Chapter 92 is hereby added to the Code of the City of Fort
Collins as follows:
CHAPTER 92
SPECIAL EVENTS
§ 92-1 . Purpose.
This chapter establishes the standards for the issuance of a permit for
parades, athletic events, and other special events in the City.
§ 92-2. Definitions.
A. "Applicant" shall mean any person or organization who seeks a special
event permit from the City to conduct or sponsor an event governed by
this Chapter. An applicant must be 18 years of age or older.
B. "Athletic Event" shall mean an occasion in which a group of persons
collectively engage in a sport or form of physical exercise on a
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 and controls. Athletic events
include, but are not limited to, bicycle and foot races.
C. "Block Party" shall mean a festive gathering on a residential street
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.
D. "Coordinator" shall mean the Chief of Police or his designee.
E. "Event" shall mean a parade, athletic event or other special event.
F. "Other Special Event" shall mean a street fair, art and craft show,
carnival , block party, soap box derby, rally and other special events
that occur on a street or highway, including sidewalks, or on a
publicly-owned outdoor mall or plaza which obstructs, delays or
interferes with the normal flow of pedestrian or vehicular traffic,
or does not comply with traffic laws and controls.
G. "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.
H. "Permittee" shall mean any person or organization who has been issued
a special event permit by the Coordinator.
I. "Street or highway" has the same meaning as defined in Section
25-3(r) of the Model Traffic Code, as adopted and amended by the
City, and includes bike and pedestrian lanes or paths.
§ 92-3. Permit required.
Any person desiring to conduct or sponsor a parade, athletic event or
other special event in the City shall first obtain a special event permit
from the Coordinator; provided, however, that a special event permit is not
required for the following:
A. Parades, athletic events or other special events that occur
exclusively within city parks or streets within city parks and are
sponsored or conducted by the Parks and Recreation Department of the
City.
B. Parades involving a total of forty (40) 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.
C. Funeral Processions.
§ 92-4. Application Procedure: fee
A. Any person desiring to sponsor a parade, athletic event or other
special event not exempted by Section 92-3 shall apply for a special
event permit by filing a verified application with the Coordinator on
a form supplied by the Coordinator. Applications must be submitted
not less than 20 business days nor more than one year before the
event date.
B. Upon a showing of good cause, the Coordinator shall consider an
application relating to a non-athletic event 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 can be demonstrated by the applicant by showing that the
circumstance that gave rise to the application did not reasonably
allow the applicant to file within the time prescribed, and that the
event is for the purpose of exercising the right of free speech.
C. If the applicant is a profit-making organization, the application for
a permit shall be accompanied by a nonrefundable permit application
fee in an amount set by City Council Resolution. The fee shall cover
the full cost of processing and investigating such special event
-2-
permit applications and administering the special event permit
program. No permit application fee shall be charged to non-profit
organizations.
§ 92-5. Action on 'application.
The Coordinator shall approve, conditionally approve or deny an
application on the grounds specified in Section 92-6. Such action shall be
taken no later than ten (10) business days after receiving a completed
application and fee, if applicable. If the application is denied or
conditionally approved, the Coordinator shall inform the applicant in
writing of the grounds for denial or the conditions on the permit and the
applicant's right of appeal . If the Coordinator relied on information
about the event other than that contained in the application, he/she shall
inform the applicant of such information. If the Coordinator refuses to
consider a late application under Section 92-4(B) , he/she shall inform the
applicant in writing of the reason for the refusal , and of the applicant's
right of appeal .
§ 92-6. Grounds for denial of application.
A. The Coordinator shall approve an application for a special event
permit unless he/she determines, from a consideration of the
application and other pertinent information, that:
1. Information contained in the application, or supplemental
information requested from the applicant, is found to be false
in any material detail ; or
2. The applicant fails to complete the application form after
having been notified of the additional information or documents
required; or
3. Another special event permit application has been received prior
in time, or has already been approved, to hold another event at
the same time and place requested by the applicant, or so close
in time and place as to cause undue traffic congestion, or the
Police Department is unable to meet the needs for police
services for both events; or
4. The time, route or size of the event will substantially
interrupt the safe and orderly movement of traffic contiguous to
the event site or route or disrupt the use of a street at a time
when it is usually subject to traffic congestion, or may
substantially interfere with the safety of the public or
participants in the event; or
5. The concentration of persons, animals and vehicles at the site
of the event, or the assembly and disbanding areas around an
event, will prevent proper police, fire or ambulance services to
areas contiguous to the event; or
-3-
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 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; or
9. The event involves the use of hazardous, combustible or
flammable materials which could create a fire hazard.
B. When the grounds for denial of an application for permit specified in
subsections 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 subsections.
§ 92-7. Permit conditions.
The Coordinator may condition the issuance of a special event permit by
imposing reasonable requirements concerning the time, place and route of
the event and such requirements as are necessary to protect the safety of
persons and property and the control of traffic, provided such conditions
shall not unreasonably restrict the right of free speech. Such conditions
include but are not limited to the following:
A. Alteration of the date, time, route or location of the event;
B. Conditions concerning the area of assembly and disbanding of parade
or other events occurring along a route;
C. Conditions concerning accommodation of pedestrian or vehicular
traffic, including restricting the event to only a portion of a
street;
-4-
D. Requirements for the use of traffic cones, barricades or other
traffic control devices to be provided, placed and removed by the
permittee a_t its expense;
E. Requirements for provision of first aid or sanitary facilities;
F. Requirements for arrangement of supplemental fire protection
personnel to be present at event at the permittee's expense;
G. Requirements for use of event monitors and providing notice of
permit conditions to event participants;
H. 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;
I . Requirements for use of garbage containers, cleanup and restoration
of City property;
J. Restrictions on use of amplified sound;
K. An application for a special event permit to conduct a block party
may be conditioned on notice to the residents of dwellings along the
affected street(s) ;
L. Compliance with any relevant law and obtaining any legally required
permit or license, including a temporary vendor's license under
Article XXI , Chapter 73 of the Code.
§ 92-8. Appeal procedure.
The applicant shall have the right to appeal the denial of a permit or a
permit condition. A notice of appeal shall be filed with the City
Manager' s office setting forth the grounds for the appeal within five (5)
business days after mailing or personal delivery of a notice of denial or
permit condition. The City Manager or his designee shall hold a hearing no
later than five (5) business days after the filing of the appeal and shall
render his decision no later than one business day after the hearing. The
City Manager's decision is final .
§ 92-9. Permit Issuance.
The Coordinator shall issue the special event permit once the application
has been approved, the applicant has agreed in writing to comply with the
terms and conditions of the permit, and the following sections of this
Chapter have been complied with:
A. Section 92-10 pertaining to indemnification;
B. Section 92-11 pertaining to insurance:
-5-
C. Section 92-12 pertaining to traffic control fees; and
D. Section 92-13 pertaining to cleanup deposits (when applicable) .
§ 92-10. Indemnification agreement.
Prior to the issuance of a special event permit, the applicant and
authorized officer of the sponsoring organization (if any) must sign an
agreement for the permittee to reimburse the City for any costs incurred by
it in repairing damage to City property occurring in connection with the
permitted event proximately caused by the actions of the permittee, its
officers, employees or agents, or any person who was under the permittee' s
control . The agreement shall also provide that the permittee shall defend
the City against, and indemnify and hold the City harmless from, any
liability to any persons resulting 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.
§ 92-11 Insurance.
A. To the extent required by administrative guidelines adopted by the
Coordinator, the applicant must 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. Any change in such guidelines shall only be effective as
to applications received after such change is adopted. 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 10 days before the date of the event unless the Coordinator for
good cause changes the filing deadline.
C. The insurance requirements of subsections A and B above shall be
waived by the Coordinator for nonathletic events if the following
conditions are satisfied:
1 . The applicant or an officer of the sponsoring organization signs
a verified statement that he/she believes the event's purpose is
First Amendment expression, and that he/she has determined that
the cost of obtaining insurance is so financially burdensome
that it would constitute an unreasonable burden on the right of
First Amendment expression, or that it has been impossible to
obtain insurance coverage. The statement shall include the name
and address of one insurance agent or other source for insurance
coverage contacted to determine insurance premium rates for
insurance coverage.
-6-
2. 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.
§ 92-12. Traffic control fees• optional use of pre-established event
routes.
A. Prepayment of Fees. Upon approval of an application for a special
event permit, the Coordinator shall provide the applicant with a
statement of the estimated cost of providing peace officers for
traffic control at the event. The applicant of the event shall be
required to pay the estimated traffic control fees no later than five
(5) days prior to the event. 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. Pre-Established Event Routes and Fees. The Coordinator shall
pre-establish several event routes within the City which may be, but
are not required to be, used by applicants. The routes shall specify
the number of officers and traffic control devices or marshalls
needed for traffic control on the routes, if any. Such pre-
established event routes and the fee schedule for traffic control
services shall be made available to the public.
E. Waiver of Fees for Free Speech Events. Traffic control fees will be
waived by the Coordinator for nonathletic events if the following
conditions are satisfied:
1 . The applicant signs a verified statement that he/she believes
the event's purpose is First Amendment expression, and that
he/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
-7-
2. The applicant selects one of the pre-established event routes.
§ 92-13. Cleanup deposits for certain special 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.
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/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 .
§ 92-14. 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,
carries the special event permit on his 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.
§ 92-15. Violations.
A. It is unlawful for any person to sponsor or conduct a parade,
athletic event or other special event requiring a special event
permit unless a permit has been issued for the event. It is unlawful
for any person to participate in such an event with the knowledge
that the sponsor of the event has not been issued a permit.
B. It is unlawful for any person to interfere with or disrupt a lawful
parade, athletic event or other special event.
-8-
C. The special event permit authorizes the permittee to conduct only
such event as is described in the permit in accordance with the terms
and conditions of the permit. It is unlawful for the permittee to
willfully violate the terms and conditions of the permit, or for any
event participant with knowledge thereof to willfully violate the
terms and conditions of the permit.
Section 2. Severability.
The City Council declares that should any section, paragraph,
sentence, word or other portion of this ordinance be declared invalid for
any reason, such invalidity shall not affect any other portion of this
ordinance, and the City Council hereby declares that it would have passed
all other portions of this ordinance independent of the elimination
herefrom of any such portion which may be declared invalid.
Introduced, considered favorably on first reading, and ordered
published in summary form this 17th day of March, A.D. 1987, and to be
presented for final passage on the 21st day of April , A.D. 1987.
Mayo � ^�
AT ST:
City Clerk
Passed and adopted on final reading this 21st day of April , A.D. 1987.
ayor '
ATTEST-
City Clerk
-9-