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Draft ordinance for special events

Draft ordinance for special events

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Published by Jennifer Bowman
Proposed changes to the city of Battle Creek's special events ordinance to allow for food trucks in its downtown area.
Proposed changes to the city of Battle Creek's special events ordinance to allow for food trucks in its downtown area.

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Published by: Jennifer Bowman on Nov 13, 2013
Copyright:Attribution Non-commercial

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07/09/2014

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CHAPTER 815
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Special Events
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815.01 Purpose
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815.02 Definitions
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815.03 Permit Required
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815.04 Permit Application
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815.05 Expiration; Transferability; Restrictions
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815.06 Solicitations or Sales
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815.07 Fee and Bond Requirements
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815.08 Appeal to License Review Board
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815.09 Severability
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815.99 Penalty
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815.01 Purpose.
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The purpose of this Ordinance is to regulate Special Events so that the use of public streets,
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rights-of-way, parks, and resources during such events can occur with the safety and health of
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the participants in mind, the protection of public property considered, and the impact on non-
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 participating citizens minimized.
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815.02 Definitions.
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As used in this chapter:
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(a) “Special Event” means an event including but not limited to a parade, demonstration, display,
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entertainment, special promotion, advertising event, festival, show, fair, celebration,
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 performance, gathering, athletic event, video or film production, or other events of a general
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 public interest but excluding residential block parties covered by existing City policies for such
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events.
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(b) “Person” means an individual, corporation, partnership, association and any other recognized
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legal entity.
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815.03 Permit Required.
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It is unlawful for any person to promote, advertise or hold a special event upon any City street,
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 park, or public area of the City without first obtaining a special event permit as required in this
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chapter.
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(a) Other Permits. The permit for a special event shall be in addition to any other permit required
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 by any other governmental agency, state law or local ordinance.
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815.04 Permit Application.
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(a) Application. The application for a permit to conduct a special event shall be made to the City
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Clerk, in writing, by the person or persons in charge of or responsible therefore. Such application
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shall set forth the following information.
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(1) The name, address, telephone number and email address of the person requesting the
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 permit.
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(2) The name and address of the organization or group sponsoring the special event. A
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copy of the organization’s Articles of Incorporation, Partnership Agreement, Charter, or other
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organizing documents shall be attached to the application.
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(3) The name, address, telephone number and email address of the person who will act as
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Chairman of the special event and be responsible for the conduct thereof.
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(4) The purpose of the event and the estimated number of persons to attend.
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(5) The date the event is to be conducted and the hours it will commence and terminate
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each day.
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(6) The specific assembly and disbursal locations and the specific route plans to be used,
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if applicable.
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(7) Proposed location, including a plat or map of the proposed area to be used, including
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any barricade, street route plans or perimeter/security fencing.
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(8) Such other information as the City may deem reasonably necessary.
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(9) A certification that the statements in the application are true, accurate and complete.
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(b) Time of Application. No approval shall be issued for a special event unless application is
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made not less than 30 days in advance of the date on which such special event is sought to be
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held. In special instances, applications may be accepted with less notice, but at the discretion of
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the City Clerk.
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(c) Considerations for Issuance or Denial. Upon receipt of a permit application, the City Clerk
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shall refer such application to the various city departments to make an investigation of and report
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with recommendations concerning all phases of the proposed event. If the City Clerk finds that
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the special event is to be held for any lawful purpose and will not in any manner act so as to
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 breach the public peace or unnecessarily interfere with the public use of the streets, sidewalks,
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 parks and public areas, the City Clerk shall grant the approval or approval with conditions.
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Denial of approval shall be in writing, setting the reasons for such denial. In approving any such
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activity, the City Clerk shall give consideration to:
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(1) The public interest and welfare;
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(2) Possible interference with legitimate uses of land and buildings;
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(3) Possible excessive noise;
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(4) Unusual litter;
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(5) Damage to City property;
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(6) Financial responsibility;
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(7) Consumer protection;
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(8) Environmental concerns; and
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(9) All other pertinent factors.
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815.05 Expiration; Transferability; Restrictions.
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(a) Expiration of Permit. Such permit shall be issued for a period to be established by the city.
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Permits issued hereunder are not renewable.
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(b) Transferability. A permit issued under the authority of this Chapter shall be non-transferrable
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and non-assignable.
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(c) Restrictions. The permit evidencing approval under this ordinance may include certain
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reasonable time, place, and manner restrictions as a condition to granting such permit if such
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restrictions are reasonable and necessary for the protection of the public health, safety and
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welfare.
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815.06 Solicitations or Sales.
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 No solicitations or sales shall be made or permitted in the designated special event area during an
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approved special event, unless an additional permit fee, if required, is paid to the organization sponsoring
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the special event. In no event, however, shall such fee be greater than the fee charged other participants
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of a like class.
 
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815.07 Fee and Bond Requirements.
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All fees which shall be charged by the City Clerk for the permit required by Section 815.03 shall
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 be prescribed in the schedule provided for in Section 802.24.
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815.09 Appeal to License Review Board.
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Any person aggrieved by the decision rendered by the City Clerk in granting or denying an
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application for a permit under this chapter may appeal the decision to the License Review Board
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 provided for under Chapter 864.11. The appeal shall be made by filing a written notice thereof
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with the City Clerk setting forth the grounds for the appeal not later than ten (10) days after
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