[Ord. No. O-09-04]
The Commissioner of Public Works shall develop a fee schedule
of the types and amounts of fees that are required to be paid by an
applicant or sponsor of a community event, subject to the approval
of the City Administrator. Such fees shall be contained in a written
Fee Schedule, with copies available to the public upon request through
the office of the Chamberlain, which schedule shall be incorporated
into this chapter and made a part hereof, and which shall be published
on the City's official website. The Commissioner of Public Works,
with the approval of the City Administrator, may amend the Fee Schedule
from time to time if, in their discretion, such amendment is deemed
to be necessary and appropriate to cover any increased costs of the
City to process and issue permits to applicants who request to hold
community events on public property.
[Ord. No. O-09-04]
The Fee Schedule shall include but is not limited to the following
fees, to the extent they may be applicable to the type of community
event:
(a)
Nonrefundable application fee.
(b)
Permit fee.
(c)
Use of City-owned equipment, including but not limited to tents,
tables, chairs, bleachers, bandstands, generators, inflatable items
and public address system and the cost of using City employees to
set up such equipment.
(d)
Refundable security deposit for use and/or rental of City equipment.
(e)
Refundable security deposit for anticipated cleanup of City
property after a community event has ended.
(g)
Vendor's special permit fee.
(h)
Parade special permit fee.
(i)
Fee to use a City park, if such use, as determined by the City
Administrator, restricts public access to the park, or interferes
with the enjoyment of the park, to such extent that the park and its
facilities are substantially inaccessible to the general public.
(j)
Water and/or hydrant fees.
(k)
Portable toilets.
(l)
Electrical hookups.
(m)
Any other fee that the Commissioner of Public Works may determine
to be an appropriate charge to the applicant or sponsor of a community
event.
[Ord. No. O-09-04]
(a)
In addition to the Fee Schedule, the City shall provide to the
applicant or sponsor a written estimate of any costs that are expected
to be incurred by the various City departments. Such estimate of costs
shall be sent to the applicant or sponsor of a community event within
10 days after the receipt by the Chamberlain of a completed application
for a permit under this chapter. The factors that the City may take
into consideration in determining the amount of the estimated costs
may include but are not limited to the following:
(1)
The number of persons who will attend or participate in the
community event.
(2)
The number of vendors, exhibits, rides, attractions, features,
entertainment and other aspects of the community event.
(3)
The requirement of and the contents and provisions of any safety
plan required for such community event and/or requirements reasonably
imposed by one or more of the following City personnel related to
establishing safety, security, engineering or legal considerations:
the Code Enforcement Officer, Engineer, Fire Chief, Police Chief,
City Administrator and Corporation Counsel.
(4)
The size, dimensions and extent of the public properties, facilities
and space projected to be used and occupied by the community event.
(5)
The number of City staff and the number and time of hours of
work required of the City to provide supervision and direct services
in support of the community event and all persons in attendance thereof.
(6)
The history, background and nature of the applicant and/or sponsor
of the event, specifically with respect to its longevity, budget,
staff, history of compliance with City codes and regulations, local
presence and contacts with the City community, and other factors relevant
to the responsibility and accountability of the applicant or sponsor,
but not with respect to any political platform, opinion or posture
of same or with respect to any status or characteristics that are
protected by or under the federal or state constitutions or any civil
rights laws and rulings of the courts, and not in such manner as may
be discriminatory or subjective or arbitrary as may be prohibited
by law.
(7)
The extent to which the applicant and/or sponsor will require
special arrangements for such event with respect to utilities, energy,
lighting, vehicles, parking, connections, wiring, stages, platforms,
scaffolding, control boards and panels, sound and amplification equipment,
costumes, stage properties, private event staff and other materials,
equipment and/or personnel.
(8)
Whether or not animals will be involved in any aspect of the
community event and, if so, the number, kind and characteristics of
same and their role in the event and the number, qualifications and
experience of those charged under the control and supervision of same.
(9)
The number, kind and value of any and all City equipment, materials,
vehicles and other property owned or controlled by the City and used
by the City in the supervision and control over said community event,
and the loss, damage, depreciation and/or wear and tear reasonably
likely to be sustained by same.
(10)
Any characteristic, component, portion or element
of the community event that may reasonably be considered inherently
dangerous.
(b)
The applicant or sponsor must pay the full amount of such estimated costs to the City Chamberlain no later than seven days prior to the commencement date of the community event. The City shall receive such security deposit, whether in money or property or both, as the City may determine and keep and retain same in a protected and segregated manner. If the security deposit is in the form of cash, monies or funds, the City Chamberlain shall immediately turn over such funds to the City Finance Department, which shall deposit same in an escrow account under the control of the Commissioner of Finance. After the community event has concluded, the City shall return such security deposit and/or escrow funds to the applicant or sponsor in the exact kind or amount deposited without interest, except for such monies or property of such value as shall fairly and accurately represent the cost incurred by the City as a result of such event, which shall be calculated and based upon such factors directly related thereto, including but not limited to the considerations listed or mentioned in Subsection (a) hereinabove. The City shall provide the applicant or sponsor with an itemized statement indicating all costs and expenses and showing proper deductions therefor, and the balance to be returned by the City to the applicant/sponsor after making all such deductions therefrom.
