[Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
This Chapter establishes the policy and procedure of the City
of Lake Ozark for persons and organizations to make application for
and be approved for special events to be held in the City. This Chapter
shall apply to all special events to be held in the City, and it includes
information regarding the application procedure, basis for issuing
permits, and fees (application and cost recovery fees for City services).
[Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013; Ord. No. 2015-13, 5-12-2015]
For purposes of this Chapter, the following definitions shall
apply:
- APPLICANT
- The person or organization sponsoring or organizing a special event and applying for a special event permit required under this Chapter.
- BARRICADE
- A sawhorse, metal gate, barrel or other approved barrier set up as a warning device to block the passage of pedestrian and/or vehicular traffic from a particular designated area.
- BUSINESS DAY
- Normal City work days occurring Monday through Friday, excluding holidays.
- COST RECOVERY FEES
- Administrative and departmental costs charged by the City to an applicant in conjunction with a special event permitted by this Chapter.
- ITINERANT VENDOR
- All persons, both principal and agents, who engage in, or conduct, in this City, either in one (1) locality or in traveling from place to place, a temporary or transient business of selling goods, wares and merchandise with the intention of continuing or conducting said business in connection with or during a special event, and who, for the purpose of carrying on such business, do not lease or occupy, either in whole or in part, a room, building, or other structure, for the exhibition and sale of such goods, wares and merchandise and do not have a business license issued by the City of Lake Ozark.
- PARADE
- A march, procession, organized movement, or motorcade consisting of persons, vehicles, or a combination thereof that is:
- PARTICIPANT
- Those individuals, including but not limited to the applicant, who take part in the activities of the special event.
- PERSON
- Any person, firm, partnership, association, corporation, society, company, or organization of any kind.
- PUBLIC ASSEMBLY
- A group activity, including but not limited to a demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose as a result of prior planning and which interferes or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic upon the streets, sidewalks, or other public grounds within the City or does not comply with normal and usual traffic, regulations or controls, or which occupies any public area open to the general public to the exclusion of others.
- SIDEWALK
- Any area or way set aside or open to the general public for the purpose of pedestrian traffic, whether or not it is paved.
- SPECIAL EVENT
- Refers to and shall include but not be limited to a parade, public assembly, performance, meeting, contest, exhibit, sports event, competition or presentation, community event, ceremony or farmers' market as defined by Section 144.527, RSMo., which is to be held wholly or partially on property owned or maintained by the City, on a street or sidewalk located within the City and will likely result in the obstruction of such streets or sidewalks or will likely compromise the ability of the City to respond to a public safety emergency, or on any other property, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City routinely provides. The definition of "special event" is not intended to include an activity held solely on private property and which does not otherwise require for its successful execution the provision and coordination of City services to a degree equal to and/or over and above that which the City routinely provides.
- SPECIAL EVENT PERMIT
- Any written authorization issued as required by this Chapter that authorizes the performance of a specified act or acts on a street or other City property.
- STREET
- Any paved or unpaved road, thoroughfare, avenue, boulevard, parkway, drive, or other public way set aside or open for purposes of vehicular traffic, including any shoulder or median strip thereof.
- TRAFFIC CONTROL
- Those activities performed by the Police during a special event that relate to the orderly flow of pedestrian, vehicular and other forms of movement along public rights-of-way.
[Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013; Ord. No. 2015-04, 3-24-2015]
A.
All special event applications shall be available for pick up or
mailing at the Lake Ozark City Hall. Applications shall be submitted
to the Mayor or his or her designee in person, by mail, by fax or
by e-mail. Applications shall be submitted at least twelve (12) days
and not more than ninety (90) days before the date and time at which
the special event is proposed to commence. If the applicant anticipates
that itinerant vendors will be participating in the special event,
applications shall be submitted at least twenty (20) days before the
date and time at which the special event is proposed to commence.
Upon receipt of a completed application, the Mayor or his or her designee
will review the application and shall submit it to the Board of Aldermen
for review and approval.
B.
The information requested in the written permit application shall
include the following and shall be updated by applicant in a timely
fashion should circumstances change prior to the special event:
1.
Application information including the name, address, and telephone
number of the person(s), and if applicable the organization, seeking
to conduct the special event;
2.
A description of the special event as well as the requested
date(s) and hours of the special event;
3.
The location of the special event and, if applicable, a route
and traffic plan, including, but not limited to, the proposed route
to be traveled, including the starting point and the termination point;
4.
If roads and/or sidewalks will be closed, the applicant will
be required to explain how motorists and business owners and residents
will be notified in advance of the special event;
5.
If the special event is taking place on private property, written
authorization from the owner will be required;
6.
The approximate number of participants in the special event;
7.
Whether any animals and/or vehicles will be involved in the
special event and the type of animals and description of the vehicles;
8.
A statement as to whether the special event will occupy all
or only a portion of the width of the streets proposed to be traversed;
9.
A proposed site plan including the location of structures, electrical,
sanitation, and plumbing and the location by street of any assembly
areas for the special event;
10.
The time at which any unit of a special event will begin to
assemble at such area;
11.
If the special event is designed to be held by or on behalf
of an individual or organization other than the applicant, a letter
from said person/group shall be filed with the permit authorizing
the applicant to file for the said permit on his/her/its behalf;
12.
A description of any sound systems, or other electrical or other
devices to be used in connection with the special event, including
a list of entertainers/bands/performers;
13.
The estimated/approximate number of spectators;
14.
Whether alcohol is planned to be served. Special event organizers
are required to secure necessary authorizations from appropriate City,
State or Federal authorities;
15.
A designation of any public services, facilities or equipment
to be utilized and a description of special event access for persons
with disabilities and security plans, if any. In the event that an
applicant wishes to use City equipment that is made available to the
public, it shall be necessary to pay the hourly or flat fee rental
rates set by the applicable department. Such rates shall be provided,
in writing, upon request;
16.
Information as to whether any food, beverages or other concessions
will be sold within a special event area. Any plans to sell concessions
must be separately reviewed by the Mayor or his or her designee. Special
event organizers are required to secure the necessary mercantile and
vendor licenses and Health Department permits; and
17.
A list of all itinerant vendors expected to participate in the
special event, including their names addresses, and phone numbers.
C.
Cleanup Plan. Special event organizers are expected
to clean up after their event. Special event organizers may provide
their own personnel for cleaning up or may contact the City for rates
to use City employees.
D.
If insurance is required by the Board of Aldermen a copy of the certificate
listing the City as an additional insured and a signed indemnification
statement must be filed with the City.
[Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
A.
The Mayor or his or her designee shall issue a permit, after a consideration
and approval of the application by the Board of Alderman, and after
all requested information is obtained. An application for the special
event will be approved only if the City finds that:
1.
The proposed special event is appropriate for the size and use
for which the requested location has been established or designated;
2.
The proposed special event will not interfere with a previously
permitted special event or previously approved construction or maintenance
work;
3.
The proposed special event will not substantially or unnecessarily
interfere with traffic in the area contiguous to the special event,
or that, if the activity will substantially interfere with traffic,
there will be sufficient City resources available at the time to mitigate
the disruption;
4.
The applicant has complied with the application requirements,
including but not limited to permit fees, cost recovery, insurance
and indemnification requirements where applicable;
5.
The application is complete and does not contain misrepresentations
of fact;
6.
The concentration of persons, animals, and vehicles at public
assembly points of the special event or during a continuous procession
will not unduly interfere with property, fire and police protection
of, or ambulance service to, areas contiguous to such public assembly
or processional areas; and
7.
Adequate sanitation and other required health facilities are
or will be made available in or adjacent to any public assembly areas.
B.
Special event organizers shall be responsible for providing adequate
toilet facilities throughout an event venue as required by the Mayor
or his or her designee.
C.
If a special event will include animals, at least one (1) week prior
to the special event, the applicant shall provide the City with a
health certificate for each animal to participate as well as the name
of a local veterinarian who shall provide care for an injured or sick
animal and a copy of the handler's licenses required under federal
and/or state law.
D.
It is recommended that no advertising of the special event commence
until the applicant receives final permit approval.
[Ord. No. 2013-28, 10-8-2013]
If an applicant anticipates that itinerant vendors will be participating
in the special event, or if a participant intends to sponsor or organize
itinerant vendors for the special event, he or she shall contact the
Missouri Department of Revenue at least three (3) weeks before the
special event and give the date and time of the special event, the
place it will be held, his or her address, phone number, and the number
of itinerant vendors participating in the special event. The applicant
or participant shall be responsible for furnishing the reporting forms
and sales tax rate charts from the Missouri Department of Revenue
to all itinerant vendors who participate in the special event. The
applicant or participant shall furnish to the Missouri Department
of Revenue, either before or within ten (10) days after the special
event, a list of all participating itinerant vendors, including their
names, addresses and phone numbers.
[Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
A.
General Liability Insurance. Due to the risk of
personal injury and property damage under certain circumstances, the
City reserves the right to require special event organizers to have
insurance particularly for events involving animals, fireworks, automobiles,
motorcycles, and the sale of food. When required, the applicant shall
maintain insurance in the amount specified below to cover the entire
duration of the special event. The applicant shall provide the City
with a certificate of insurance duly executed by the officers or authorized
representatives of a responsible insurance company evidencing the
following minimum coverage(s) and specifically identifying the City
as an additional insured, which insurance shall be non-cancelable,
except upon prior written notice to the City:
|
General Liability
|
Individual Occurrence
|
Aggregate
| |
|---|---|---|---|
|
Bodily injury including death
|
$500,000.00
|
$1,000,000.00
| |
|
Property damage
|
$100,000.00
|
$250,000.00
|
B.
All policies must be made on an occurrence basis. Claims-made policies
are not acceptable.
C.
The applicant, on behalf of himself/herself or any other persons,
organizations, firms or corporations on whose behalf the application
is made, by filing a permit application shall represent, stipulate,
contract and agree that he/she will jointly and severally indemnify
and hold the City harmless against liability, including court costs
and attorney's fees, and attorney's fees on appeal, for
any and all claims for damage to property, or injury to, or death
of persons arising from the sponsor's activities authorized by
the special event permit. In such circumstances, a specific indemnification
statement shall be attached to the application.
[Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
A.
The application fee shall be nonrefundable and shall be set annually
by Board of Alderman for the City. The City reserves the right to
waive the application fee for any special event.
B.
The City may require some applicants to pay cost recovery fees (in
addition to the application fee) for some special events. Such fees
may include, but are not limited to, costs incurred by the City relating
to any required police traffic control provided by the police as well
as other set-up and cleaning activities provided by the City. If cost
recovery fees are required, the City will provide the applicant with
a cost recovery estimate detailing all fees due prior to the special
event. The City shall prepare a schedule of general fees and specific
costs for major categories of special events and make it a part of
this Chapter. Payment in full for estimated cost recovery is required
five (5) business days before a special event is to begin.
C.
Use Of Volunteers. The City will work with applicants
to determine ways to reduce the need for City services with the use
of volunteers if possible. The use and placement of volunteers are
subject to the discretion of the Chief of Police. To the extent permitted
by the Chief of Police, organizers will be allowed to hire security
guards for security functions related to the special event.
D.
Additional Charges.
1.
Property or equipment damage. Within thirty
(30) days after the completion of a special event, the City shall
transmit to the applicant an itemized bill setting forth any verifiable
damages or loss to City equipment or property known by the City to
be caused by said applicant during a special event. In the event that
the applicant refuses to pay such bill, the City reserves the right
to seek legal recourse permitted under applicable law for recovery
of said damages.
2.
The City reserves the right to assess additional costs for litter
and refuse collection to the extent that the applicant fails to meet
its obligations as set forth in its cleanup plan. Charges shall be
determined by the City Administrator after he or she receives the
verified time sheet of the foreperson in charge of said cleanup. The
current applicable hourly rates for City personnel shall be charged,
and an itemized bill shall be sent to the applicant. In the event
that the applicant refuses to pay such bill, the City reserves the
right to seek legal recourse permitted under applicable law for recovery
of said damages.
3.
Pursuant to applicable law, the City shall not charge any fees
for police protection that is required due to potential public response
to speech content.
4.
The Chief of Police shall determine whether and to what extent
the traffic control services of police (including the need for barricades)
are reasonably necessary for a special event. The Chief of Police
shall base this decision on the following criteria:
a.
The location, duration, route, time and date and expected size
of the event;
b.
The expected sale or service of alcoholic beverages;
c.
The number of streets and intersections blocked and what portion
of the streets are planned to be used for the special event;
d.
The need to detour or preempt citizens' travel on and use
of the streets and sidewalks.
