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HomeMy WebLinkAbout108 - 10/01/1991 - AMENDING CITY CODE PERTAINING TO SPECIAL EVENTS ORDINANCE NO. 108, 1991 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, Chapter 23.5 of the City Code establishes certain permit requirements for athletic events and other special events which occur within the public right-of-way or on publicly-owned outdoor malls or plazas within the City; and WHEREAS, the Council is desirous of amending Chapter 23.5 of the Code so as to extend the application of its provisions to special events held on any property owned or leased by the City; and WHEREAS, the Council considers certain other amendments to this Chapter of the Code to also be desirable in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 23.5-2 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-2. Definitions. Event or other special event shall mean a parade, athletic contest, street fair, art and craft show, carnival , block party, soap box derby, rally, demonstration or other outdoor event 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 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, 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 event or other persons. Section 2. That Section 23.5-3(1) of the Code of the City of Fort Collins is hereby amended to read as follows: Any person desiring to conduct a special event in the city shall first obtain a special event permit from the Coordinator; provided, however, that a special event permit shall not be required for the following: (1) Special events that occur exclusively within city parks and do not involve the closure of any streets which are normally open to the public. All events within city parks that do involve the closure of such streets shall 1 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 parks in conjunction with such special events shall be regulated according to the administrative guidelines of the Parks and Recreation Department. Section 3. That Section 23.5-4(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-4. Application procedure; fee. (a) Any person desiring to sponsor a special event not exempted by Section 23.5-3 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 twenty (20) business days nor more than one (1) year before the event date. Section 4. That Section 23.5-6(a) (4) and (5) of the Code of the City of Fort Collins is hereby amended to read as follows and all subsections are to be renumbered: (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: (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 Section 5. That Section 23.5-8 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-8 Appeal procedure. The applicant shall have the right to appeal the denial of a permit or a permit condition. A notice of appeal shall be filed with the City Manager's office setting forth the grounds for the appeal within five (5) business days after mailing or personal delivery of a notice of denial or permit condition. The City Manager or his designee shall hold a hearing no later than five (5) business days after the filing of his appeal and shall render his decision no later than one (1) business day after the hearing. The 2 City Manager's decision shall be final , subject only to such judicial review as may be permitted by law. Section 6. That Section 23.5-10 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-10. Indemnification agreement. Prior to the issuance of a special event permit, the Coordinator may require the applicant and authorized officer of the sponsoring organization (if any) to sign an agreement for the permittee to reimburse the city for any costs incurred by it in repairing damage to city property occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control . The Coordinator's determination as to whether to require such an agreement shall be based upon the anticipated number of participants and spectators, the nature of the event and the physical characteristics of the proposed site. 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. Introduced, considered favorably on first reading, and ordered published this 17th day of September, A.D. 1991, and to be presented for final passage on the 1st day of October, A.D. 1991 . May ATTEST: City Clerk � Passed and adopted on final reading this 1st day/of October, A.D. 1991 . / c ayor A TEST: iILL City Clerk 3