HomeMy WebLinkAbout099 - 06/19/2001 - AMENDING CITY CODE PERTAINING TO SPECIAL EVENTS AND DEMONSTRATIONS ORDINANCE NO. 99, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23.5 OF THE CODE
OF THE CITY OF FORT COLLINS
PERTAINING TO SPECIAL EVENTS AND DEMONSTRATIONS
WHEREAS,the City Council enacted a Special Events permit requirement with its adoption
of Ordinance No. 18, 1987,now codified at Chapter 23.5 in the City Code of the City of Fort Collins
(the"Code"); and
WHEREAS, Chapter 23.5 was last modified in 1991, with the adoption of Ordinance No.
108, 1991; and
WHEREAS,based on the experiences of other jurisdictions in connection with their parade
and special events permit requirements, City staff has recommended that Chapter 23.5 of the Code
be amended to clarify the distinction between a"special event"and a"demonstration",and to clarify
the standards by which certain decisions are made by the Chief of Police,who is the Coordinator of
the permit process thereunder; and
WHEREAS, the City Council has determined that the proposed amendments will be
beneficial to the City and to the members of the public seeking to conduct events thereunder due to
the improved clarity of the requirements of Chapter 23.5.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the title of Chapter 23.5 of the Code of the City of Fort Collins is hereby
amended to read as follows:
CHAPTER 23.5
SPECIAL EVENTS AND DEMONSTRATIONS
Section 2. That Section 23.5-1 ofthe Code ofthe 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 permit for special
events and demonstrations in the city.
Section 3. That certain definitions contained in Section 23.5-2 of the Code of the City
of Fort Collins are hereby amended and/or added to read as follows:
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.
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
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 for which permits
have been applied for or given.
Permit or eventpermit shall mean a permit issued for either a demonstration
or special event.
Permittee shall mean any person or organization who has been issued an
event permit by the Coordinator.
Special event shall mean a parade, athletic contest, street fair, art and craft
show, carnival, 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 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 4. That certain subparagraphs shown below contained in Section 23.5-3 of the
Code of the City of Fort Collins are hereby amended to read as follows:
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Sec. 23.5-3. Permit required.
Any person desiring to conduct an event in the city shall first obtain a permit
from the Coordinator;provided,however,that an 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 VIII and IX, respectively.
Section 5. That Section 23.5-4 ofthe Code of the City ofFort Collins is hereby amended
to read as follows:
Sec. 23.5-4. Application procedure; fee.
(a) Any person desiring to sponsor a 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 nor more than one (1) year before the event date.
(b) If the application is for a demonstration,the Coordinator shall,upon
a showing of good cause,consider an application that is filed after the filing deadline
if there is sufficient time to process and investigate the application and obtain police
services for the event. Good cause may be demonstrated by the applicant by showing
that the circumstance that gave rise to the application did not reasonably allow the
applicant to file within the time prescribed.
(c) If the applicant is not an organization qualified for exemption from
the payment of city sales and use taxes pursuant to § 25-94, the application for a
permit shall be accompanied by a nonrefundable permit application fee in an amount
set by the City Manager in accordance with § 7.5-1. The fee shall cover, but not
exceed, the full cost of processing and investigating such 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.
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Section 6. That certain subsections shown below contained in Section 23.5-6 ofthe Code
of the City of Fort Collins are hereby amended to read as follows:
Sec. 23.5-6. Grounds for denial of application.
(a) The Coordinator shall approve an application for an event permit
unless he/she determines,from a consideration of the application and other pertinent
information, that:
(3) Another event permit or application has been received prior in time,
or has already been approved,to hold another event at the same time
and place requested by the applicant,or so close in time and place as
to cause undue traffic congestion,or the Police Department is unable
to meet the needs for police services for both events; or
(9) The event involves the use of hazardous, combustible or flammable
materials which could create a fire hazard; or
(10) The event will violate an ordinance or statute.
Section 7. That certain subsections shown below contained in Section 23.5-7 ofthe Code
of the City of Fort Collins are hereby amended to read as follows:
Sec. 23.5-7. Permit conditions.
The Coordinator may condition the issuance of an 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 include but are not limited to the following:
(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 §§ 15-381 et seq., and a natural area or recreation area
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permit pursuant to the requirements of Chapter 23, Articles VIII or
IX, respectively.
Section 8. That Section 23.5-8 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 23.5-8. Appeal procedure.
The applicant shall have the right to appeal the denial of a permit or a permit
condition. A notice of appeal shall be filed with the City Manager's office setting
forth the grounds for the appeal within five (5) business days after mailing or
personal delivery of a notice of denial or permit condition. The City Manager or his
or her designee shall hold a hearing no later than five (5) business days after the
filing of the appeal and shall render his or her decision no later than one(1)business
day after the hearing. 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 hold a hearing 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 hearing 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 with
no further administrative review. The City Manager's decision shall be final,subject
only to such judicial review as may be permitted by law.
Section 9. That the opening paragraph of Section 23.5-9 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec. 23.5-9. Permit issuance.
If, after review of the criteria contained in §23.5-6 above, the Coordinator
determines that a permit should be granted, the Coordinator shall issue the event
permit once the applicant has agreed in writing to comply with all terms and
conditions of the permit and the following sections of this Chapter have been
complied with:
Section 10. That Section 23.5-10 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 23.5-10. Indemnification agreement.
Prior to the issuance of an event permit, the Coordinator shall 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 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.
Section 11. That Section 23.5-11 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-11. Insurance.
(a) Prior to the issuance of an event permit,the Coordinator may require
the applicant and authorized officer of the sponsoring organization(if any)to possess
or obtain public liability insurance to protect against 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. 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 prior to the event.
(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
sponsoring organization signs a verified statement that he/she believes the event is
a demonstration under the definition in this Chapter, and that he/she has determined
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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.
(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.
Section 12. That Section 23.5-12 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-12. Traffic-control fees; optional use of preestablished event routes.
(a) Prepayment of fees. Upon approval of an application for an event
permit,the Coordinator shall provide the applicant with a statement of the estimated
cost of providing peace officers for traffic control at the event. The applicant of the
event shall be required to pay the estimated traffic-control fees no later than five (5)
days prior to the event unless the Coordinator for good cause changes the filing dead-
line, in which event such documents shall be provided 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 super-
visor. 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 dif-
ference 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 shall
preestablish 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-
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control devices or marshals needed for traffic control on the routes, if any. Such
preestablished event routes and the fee schedule for traffic-control services shall be
made available to the public.
(e) Waiver offees 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/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
(2) The applicant selects one of the preestablished event routes.
Section 13. That the title and subsection(a)of Section 23.5-13 of the Code of the
City of Fort Collins are hereby amended to read as follows:
Sec. 23.5-13. Cleanup deposits for certain 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.
Section 14. That subsection(b)of Section 23.5-14 of the Code of the City of Fort Collins
are hereby amended to read as follows:
Sec. 23.5-14. Duties of permittee.
(b) The permittee shall ensure that the person leading a parade or other
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.
Section 15. That the Code of the City of Fort Collins is hereby amended by adding a
section, to be numbered 23.5-15, which section shall read as follows:
Sec. 23.5-15. 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.
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(b) The Coordinator or a designee 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.
Section 16. That Section 23.5-15 of the Code of the City of Fort Collins is hereby
renumbered as Section 23.5-16 and certain subsections shown below contained in said section are
hereby amended to read as follows:
Sec.23.5-16. Violations.
(a) It is unlawful for any person to sponsor or conduct a parade, 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.
(c) The 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 knowingly violate the terms and conditions
of the permit, or for any event participant with knowledge thereof to knowingly
violate the terms and conditions of the permit.
Introduced and considered favorably on first reading and ordered published in summary form
this 5th day of June, A.D. 2001, and to be presented for final passage on the 19th day of June,A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of June, A.D. 2001.
Mayor Pr€t TP-M i
ATTEST:
A
City Clerk
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