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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: 2 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. 3 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 4 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: 5 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 6 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- 7 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. 8 (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 9