[HISTORY: Adopted by the City Council of the City of Pleasantville
6-17-2002 by Ord. No. 17-2002. This ordinance also repealed former Ch. 178,
Parades and Processions, adopted 6-7-1982 by Ord. No. 11-1982 as Art. VI of
Ch. 188 of the 1982, as amended 2-17-1999 by Ord. No. 6-1999. Amendments noted
where applicable.]
This chapter establishes the standards for the issuance of a permit
for parades, athletic events, and other special events in the City of Pleasantville
in order to recover the full cost of such events to the City and to preserve
and protect the public health and safety.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person or organization who seeks a special event permit from
the City Administrator to conduct or sponsor an event governed by this chapter.
An applicant must be 18 years of age or older.
An occasion in which a group of persons collectively engage in a
sport, or form of physical exercise, and which is conducted on any City street,
sidewalk, alley, or other public right-of-way or other property owned or controlled
by the City which obstructs, delays, impedes, impairs or interferes with the
usual, normal and free pedestrian or vehicular use or does not comply with
traffic laws and controls. Athletic events include bicycle and foot races.
A festive gathering on a residential street requiring a closure of
a street, or portion thereof, to vehicular traffic and use of the street for
the festivity, including barbecues, picnics, music, games or dances.
The Chief of Police or his authorized deputy.
Ex-officio Treasurer of the City.
A parade, athletic event, or other special event.
A route (course of travel) along designated streets, sidewalks or
other street rights-of-way which are preestablished by the Chief of Police
for use by special events whose primary purpose is First Amendment expression.
Street fair, art and craft show, carnival, block party, or other neighborhood activity, picnic, dance, rally, promotional or fund-raising activities, community celebrations and observances, and other special events which occur on any City street, sidewalk, alley, or other public right-of-way or other property owned or controlled by the City or any event so as to impede, obstruct, impair, delay, or interfere with the usual, normal and free pedestrian or vehicular use, or which requires, in the judgment of the Chief of Police, the deployment of peace officers for crowd control. See § 178-4C for application of permit requirement to First Amendment events.
[Amended 7-21-2003 by Ord. No. 24-2003]
Includes a parade, march, procession, pageant, review, ceremony,
or exhibition consisting of persons, animals or vehicles, or a combination
thereof, which is conducted in or upon or along any portion of any City street,
sidewalk, alley, or other public right-of-way or other property owned or controlled
by the City which obstructs, delays, impedes, impairs or interferes with the
usual, normal and free pedestrian or vehicular use or does not comply with
traffic laws or controls.
The fee to be paid by the special event permit applicant at the time
the application is filed with the City Administrator. A fee schedule shall
be authorized or established by resolution of the Council and shall cover
the actual full costs (or a portion thereof) of processing and investigating
special event applications.
Any person or organization who has been issued a special events permit
by the City Administrator.
[Amended 7-21-2003 by Ord. No. 24-2003]
Any person desiring to conduct or sponsor a parade, athletic event,
or other special event on public property in the City shall first obtain a
special event permit from the City Administrator. A special event permit is
not required for the following:
A.
Parades, athletic events or other special events which occur exclusively on City property under the jurisdiction of the City Department of Parks and Recreation. Those events are governed by Chapter 187 of this Code.
B.
Funeral processions.
C.
Any event that involves expressive activity protected
by the First Amendment that does not require the closure of a City sidewalk,
street, alley other public right-of-way or other property owned or controlled
by the city.
A.
Any person desiring to sponsor a parade, athletic event, or other special event not exempted by § 178-3 shall apply for a special event permit by filing a verified application with the City Administrator on a form supplied by the City Administrator. If the application is for a parade or other event along a route preestablished by the Chief of Police pursuant to § 178-13D or a free speech route pursuant to § 178-13E, the application should be filed not less than 22 days nor more than 90 days before the date on which the event is to occur. All other applications shall be submitted not less than 30 days nor more than 90 days before the event date.
B.
Upon a showing of good cause, the Controller shall consider
an application which 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 can be demonstrated by the applicant showing that
the circumstances which gave rise to the permit application did not reasonably
allow the participants to file within the time prescribed and that the event
is for the purpose of exercising the right of free speech.
C.
The application for a permit shall be accompanied by
a nonrefundable permit application fee in the amount determined by the Controller
and authorized by resolution of the Council.
The application for a special event permit shall provide the following
information:
A.
All events:
(1)
The name, address, and telephone number of the applicant
and an alternate contact person.
(2)
If the event is proposed to be sponsored by an organization,
the name, address and telephone number of the organization and the authorized
head of the organization. If requested by the Controller, written authorization
to apply for the special event permit by an officer of the organization.
(3)
The name, address and telephone number of the person
who will be present and in charge of the event on the day of the event.
(4)
The nature/purpose of the event.
(5)
Date and estimated starting and ending time of the event.
(6)
Location of the event, including its boundaries.
(7)
Estimated number of participants in the event.
(8)
The type and estimated number of vehicles, animals, and
structures which will be used at the event.
(9)
Description of any sound amplification equipment which
will be used at the event.
(10)
Whether any food or beverages will be sold at the event.
(11)
Whether monitors or private security will be employed
at the event.
(12)
Parking requirements for the event.
B.
Additional information required for parades, races, and
other events occurring along a route:
(1)
The assembly point for the event, the time at which units
of the parade or other event will begin to assemble.
(2)
The route to be traveled.
(3)
Whether the parade or other event will occupy all or
only a portion of the streets proposed to be traversed.
(4)
The intervals of space to be maintained between units
of a parade or other event.
(5)
The number, types, and size of floats.
(6)
Material and maximum size of any signs or banners to
be carried along the route.
The City Administrator shall approve, conditionally approve, or deny an application for the grounds specified in § 178-7. Such action shall be taken no later than 10 days after receiving a completed application for an event along a preestablished route pursuant to § 178-13D or free speech route pursuant to § 178-13E. Action on all other special event applications shall be taken no later than 15 days after receiving a completed application. If the application is denied, or conditionally approved, the Controller shall inform the applicant of the grounds for denial in writing, or the reason for a change in the date, time, route, or location of the event, and his right of appeal. If the City Administrator relied on information about the event other than that contained in the application, he shall inform the applicant what information he considered. The applicant shall be notified of any permit conditions at the time the application is approved and of his right of appeal of the permit conditions. If the City Administrator refuses to consider a late application under § 178-4B, the City Administrator shall inform the applicant of his reason for the refusal and of his right of appeal.
A.
The City Administrator or his designee shall approve
an application for a special event permit unless he determines from a consideration
of the application, or other pertinent information, any of the following which
shall also be justification for the City Administrator to revoke a previously
issued permit:
(1)
Information contained in the application, or supplemental
information requested from the applicant, is found to be false in any material
detail.
(2)
The applicant fails to complete the application form
within five calendar days after having been notified of the additional information
or documents required.
(3)
The sole purpose of the event is advertising of any product,
good, ware, merchandise or event and is designed to be held solely for private
profit and not for First Amendment expression.
(4)
Another special event permit 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
(5)
The time, route, or size of the event will substantially
interrupt the safe and orderly movement of traffic contiguous to the event
site or route or disrupt the use of a street at a time when it is usually
subject to great traffic congestion; or
(6)
The concentration of persons, animals and vehicles at
the site of the event, or the assembly and disbanding areas around an event,
will prevent proper police, fire, or ambulance services to areas contiguous
to the event; or
(7)
The size of the event will require diversion of so great
a number of police officers of the City to insure that participants stay within
the boundaries or route of the event or to protect participants in the event
as to prevent normal protection to the remainder of the City. Nothing herein
authorizes denial of a permit when additional peace officers would be available
to the City under applicable state law or mutual aid plans if requested by
the City in advance of the event. Nothing herein authorizes denial of a permit
because of the need to protect participants from the conduct of others if
reasonable permit conditions can be imposed to allow for adequate protection
of event participants with the number of police officers available to police
the event.
(8)
The parade or other event moving along a route will not
move from its point of origin to its point of termination in three hours or
less.
(9)
The location of the event will substantially interfere
with any construction or maintenance work scheduled to take place upon or
along the City streets or along any public right-of-way or where construction
work is scheduled in connection with a previously granted encroachment permit.
(10)
The event shall occur at a time when a school is in session
at a route or location adjacent to the school or class thereof and the noise
created by the activities of the event would substantially disrupt the educational
activities of the school or class thereof.
B.
When the grounds for denial of an application for permit specified in Subsections A(4) through A(10) above can be corrected by altering the date, time, duration, route, or location of the event, the City Administrator shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with Subsections A(4) through A(10) above.
The Chief of Police may also condition the issuance of a special events
permit by imposing reasonable requirements concerning the time, place, and
manner of the event and such requirements as are necessary to protect the
safety of persons and property and the control of traffic, provided such conditions
shall not unreasonably restrict the right of free speech. Such conditions
include:
A.
Alteration of the date, time, route or location of the
event proposed on the event application;
B.
Conditions concerning the area of assembly and disbanding
of parade or other events occurring along a route;
C.
Conditions concerning accommodation of pedestrian or
vehicular traffic, including restricting the event to only a portion of a
street traversed;
D.
Requirements for the use of traffic cones or barricades;
E.
Requirements for provision of first aid or sanitary facilities;
F.
Requirements for use of event monitors and providing
notice of permit conditions to event participants;
G.
Restrictions on the number and type of vehicles, animals,
or structures at the event and inspection and approval of floats, structures,
and decorated vehicles for fire safety by the Pleasantville Fire Department;
H.
Compliance with animal protection ordinances and laws;
I.
Requirements for use of garbage containers, cleanup and
restoration of City property;
J.
Restrictions on use of amplified sound;
K.
An application for a special event permit to conduct
a block party may be conditioned on notice and approval by 50% of the residents
of dwellings along the affected street(s).
L.
Compliance with any relevant ordinance or law and obtaining
any legally required permit or license.
An appeal or review from a denial to grant a permit shall be to the
Public Safety Committee and the procedure contained in this article shall
govern, unless otherwise specified in this Code. The Chairperson of the Public
Safety Committee shall act as the hearing officer hereunder unless he/she
specifically appoints another to act in such capacity.
A.
Filing notice of appeal.
(1)
An appeal shall be filed in writing in duplicate with
the City Clerk within 15 calendar days after the service of the denial. The
appeal shall be addressed to the Chairperson of the Public Safety Committee
and shall contain the following:
(a)
A caption reading "Appeal of ,"
giving the name and address of the appellant;
(b)
A brief description of the function the applicant is
seeking to conduct;
(c)
A statement of the relief sought;
(d)
The reasons why such relief should be granted;
(e)
The affidavit of the appellant or his/her declaration
"under penalty of perjury" that the facts stated in the appeal are true of
the appellant's own knowledge, except as to matters which are not within the
appellant's knowledge and are not of public record, and as to those matters
that the appellant believes the facts stated to be true.
(2)
Upon a showing of good cause, the hearing officer may,
in his/her discretion, permit the filing of an appeal, or an amended appeal,
after 15 calendar days, in which case the appeal shall be considered in the
same manner as if it had been timely filed.
B.
Amendment of appeal. If, in the opinion of the City Clerk, the appeal or an amended appeal fails to comply substantially with the requirements of Subsection A(1)(a) through (e) above, the City Clerk may give written notice of such insufficiency to the appellant at any time within 15 calendar days after the appeal is presented, stating with particularity the defects or omissions therein. Failure of the appellant to file an amended appeal within 15 calendar days of the date of service of such notice of insufficiency shall constitute a waiver of the appeal. Failure of the City Clerk to give notice of any insufficiency within 15 calendar days shall result in the appeal being heard on its merits, without regard to any insufficiency.
C.
Hearing date; notice. Upon receipt of an appeal or, if notice of insufficiency is given in accordance with Subsection B above, upon receipt of an amended appeal within the time specified in Subsection B, the City Clerk shall cause one copy to be stamped indicating the date of receipt thereof and shall immediately forward the other copies to the City Administrator, to the Chief of Police, Chief of the Fire Department and the Director of Public Works. The City Clerk shall set the appeal for hearing and shall give to the appellant and to the Public Safety Committee and to the City Administrator, to the Chief of Police, Chief of the Fire Department and the Director of Public Works not less than 15 calendar days' written notice of the date, time, and place of hearing. The appellant, or his/her authorized representative, may waive the fifteen-calendar-days' written notice so long as said waiver is in writing and received by the City Clerk.
D.
Hearing on appeal.
(1)
Upon the date set therefor, the Public Safety Committee
shall hold a hearing on the appeal, except that, either orally at the same
time for the hearing or in writing prior to the time set for the hearing,
he/she may, in his/her discretion, continue the matter to another date certain.
The City Administrator shall present evidence in support of the findings or
reasons upon which the denial was based. The appellant, or any individual
authorized in writing to represent him/her, may then present evidence in support
of the contentions made in the notice of appeal. The hearing shall be informally
conducted and the technical rules of evidence shall not apply, except that
irrelevant and unduly repetitious evidence shall be excluded. The Public Safety
Committee shall render a decision, at the conclusion of the hearing, or in
writing within 10 working days thereafter. The Public Safety Committee may
affirm, reverse, modify, or may delete or impose such conditions as the facts
and law warrant. All decisions of the Public Safety Committee shall be final.
(2)
If the appellant fails to appear for the hearing at the
time and place noticed, the Public Safety Committee, in his/her discretion,
may conduct the hearing to a conclusion or may dismiss the appeal. If the
appeal is dismissed, the order, citation, decision, or determination appealed
from shall become final as if no appeal had been filed. Upon a showing of
good cause, the Public Safety Committee may, in his/her discretion, set aside
the default by the appellant and reschedule the appeal for hearing.
The City Administrator shall issue the special events permit once the
application has been approved and the applicant has agreed in writing to comply
with the terms and conditions of the permit and the following sections of
this chapter have been complied with:
Prior to the issuance of a special event permit, the permit applicant
and authorized officer of the sponsoring organization (if any) must sign an
agreement to reimburse the City of Pleasantville 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/sponsoring organization,
its officers, employees, or agents, or any person who was under the permittee's/sponsoring
organization's control insofar as permitted by law. The agreement shall also
provide that the permittee/sponsoring organization shall hold harmless, indemnify
and defend the City of Pleasantville, its officials, members, agents and employees
against any claims, costs, damages, demands, liability and notices, or any
of these, arising or resulting from any damage or injury proximately caused
by actions of the permittee/sponsoring organization in connection with the
permitted event, regardless of whether the City is actively negligent or passively
negligent, except for those claims, costs, damages, demands, liability and
notices, or any of these, caused solely by the negligence or willful misconduct
of the City. Persons who merely join in a parade or event are not considered
by that reason alone to be under the control of the permittee/sponsoring organization.
A.
The applicant/sponsor of an event must 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. Such insurance shall name on the policy or by endorsement
as additional insured the City of Pleasantville, its officers, employees,
and agents. Insurance coverage must be maintained for the duration of the
event. Coverage shall be as follows:
B.
A copy of the policy or a certificate of insurance, along
with all necessary endorsements, must be filed with the City Administrator
no less than five days before the date of the event unless the City Administrator
for good cause waives the filing deadline. The special event permit shall
not be issued by the City Administrator until after the insurance policy or
certificate of insurance, along with necessary endorsements, have been filed
by the applicant/sponsor and approved by the City Administrator.
C.
The insurance requirements of Subsections A and B above shall be waived by the City Administrator for nonathletic events if the following conditions are satisfied:
(1)
The applicant or an officer of the sponsoring organization
signs a verified statement that he believes the event's purpose is First Amendment
expression and that he has determined 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 insurance agent or other source for insurance coverage contacted to
determine insurance premium rates for insurance coverage.
(2)
The City Administrator may, in his discretion, determine to require the applicant/sponsor to apply for insurance coverage for the event under a policy containing the insurance requirements of Subsections A and B above. The applicant/sponsor must provide any information pertinent to qualifying for the insurance coverage. The premium for the insurance coverage may be paid by the City rather than the applicant/sponsor.
A.
Prepayment of fees. Upon approval of an application for
a special event permit, the Chief of Police shall provide the applicant with
a statement of the estimated cost of providing overtime police officers for
crowd and traffic control at the event. The applicant/sponsor of the event
shall be required to prepay the crowd and traffic control fees prior to the
issuance of a special event permit. Traffic and crowd control by officers
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. The traffic control fees
will be computed by determining the number of police officers who will be
required for crowd and traffic control in addition to those who would otherwise
be on duty at that time, the number of hours the officers will be on duty
for the event, and the City's full cost of providing officers on an hourly
basis as established by the Police Department fee schedule. In determining
crowd and traffic control fees, the Council shall establish fees upon the
recommendation of the Chief of Police based on the applicant/sponsor's use
of monitors for the event.
C.
Refunds or underpayments. If the actual cost for crowd and traffic control on the date of the event is less than the estimated cost pursuant to Subsection A above, the applicant/sponsor will be promptly refunded the difference by the Controller. Should the actual full cost to the City by reason of the event exceed the estimated cost, the applicant/sponsor shall pay the balance upon demand by the Controller.
D.
Preestablished event routes and fees. The Chief of Police
shall preestablish several event routes within the City of Pleasantville.
The routes shall specify the number of officers assigned for police traffic
control on those routes. The preestablished routes and the fee schedule for
police crowd and traffic control services shall be made available to the public.
E.
Free speech routes and waiver of fees. Crowd and traffic
control fees will be waived by the Chief of Police for nonathletic events
if the following conditions are satisfied:
(1)
The applicant/sponsor signs a verified statement that
he believes the event's purpose is First Amendment expression and that the
cost of crowd and traffic control fees is so financially burdensome that it
would constitute an unreasonable burden on the right of First Amendment expression;
(2)
The applicant or sponsor selects one of the preestablished
free speech routes for a parade or other event established by the Chief of
Police.
A.
The applicant/sponsor of an event involving the sale
of food or beverages, erection of structures, horses or other large animals,
or water aid stations shall be required to provide a cleanup deposit prior
to the issuance of a special event permit. The cleanup deposit shall be in
the amount established in the master fee resolution.
B.
The cleanup deposit shall be returned to the applicant/sponsor
after the event if the area used for the permitted event has been cleaned
and restored to the same condition as existed prior to the event.
C.
If the property used for the event has not been properly
cleaned or restored, the applicant/sponsor shall be billed for the actual
cost incurred by the City for cleanup and restoration, and the cleanup deposit,
or a portion thereof, shall be applied toward payment of the bill. If the
applicant/sponsor disputes the bill, he may appeal to the City Controller
within five days after receipt of the bill. Should there be any unexpended
balance on deposit after completion of the work, this balance shall be refunded
to the applicant/sponsor. Should the amount of the bill exceed the cleanup
deposit, the difference shall become due and payable to the City upon the
applicant's receipt of the bill.
A.
The applicant/sponsor of an event shall comply with all
terms and conditions of the special event permit.
B.
Each permittee/sponsor of an event shall ensure that
the person leading a parade or other event along a route or the person in
charge of any other event shall carry the special event permit on his person
for the duration of the event.
C.
Each permittee/sponsor of an event shall ensure the area
used for the permitted event is cleaned and restored to the same condition
as existed prior to the event immediately following the completion of the
event.
It shall be unlawful for any person to sponsor or conduct a parade, athletic event or other special event requiring a special event permit under § 178-4 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 the required permit; nor shall any person interfere with or disrupt a lawful parade, athletic event, or other special event.
The special event permit authorizes the permittee/sponsor to conduct
only such event as is described in the permit and in accordance with the terms
and conditions of the permit. It is unlawful for the permittee/sponsor to
willfully violate the terms and conditions of the permit or for any event
participant with knowledge thereof to willfully violate the terms and conditions
of the permit.
Any person willfully violating any provision of the Parade and Other
Special Events chapter shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not to exceed $1,000 for each violation
of the chapter. Such violations may also be addressed by civil action, and
any violator shall be liable for the actual full cost to the City for having
provided police services for or because of the event.
