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009 of 2015 - Chapter 3.50; Special Events 0 15-1 0 15-2 SALT LAKE CITY ORDINANCE No. 9 of 2015 (Special Events) An ordinance amending and restating Chapter 3.50 of the Salt Lake City Code,relating to special events. Be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. That Chapter 3.50 of the Salt Lake City Code,relating to special events,is hereby amended and restated to read as follows: CHAPTER 3.50 SPECIAL EVENTS 3.50.010:PURPOSE 3.50.020:APPLICATION OF PROVISIONS 3.50.030: DEFINITIONS 3.50.040: PERMIT REQUIRED 3.50.050: EXEMPTION FROM PERMIT REQUIREMENT 3.50.060: PERMIT-APPLICATION PROCEDURES 3.50.070: PERMIT-APPLICATION PROCESSING 3.50.080: PERMIT-FEES 3.50.090: PERMIT-APPROVAL AND ISSUANCE 3.50.100: PERMIT:LIABILITY INSURANCE 3.50.110: APPEAL PROCEDURES 3.50.120: WAIVER OF REQUIREMENTS 3.50.130: CITY LIABILITY 3.50.140: VIOLATION:PENALTY 3.50.150: POLICIES AND PROCEDURES: 3.50.010: PURPOSE: The purpose and intent of this chapter is to establish reasonable and uniform regulations governing the time,place,and manner of holding special events on city streets and on city property.The permit requirement and other regulations in this chapter are designed to balance 1 the public's first amendment right to exercise free expression on city streets and city property with the public's right to safety and convenient use of such property. 3.50.020: APPLICATION OF PROVISIONS: This chapter imposes regulatory requirements on certain activities that arc held on city streets and on city property and that are defined as"special events."The requirements imposed by this chapter do not alter,supersede or nullify any requirements contained in other statutes, ordinances.or regulations that may also regulate special events.These requirements shall be applied in a content neutral manner and without discrimination as to race,religion,sex,national origin.political affiliation,or other unlawful discriminatory classification. 3.50.030: DEFINITIONS: For the purpose of this chapter,the following words shall have the following meanings: ATHLETIC EVENT:An organized competitive or recreational event in which a group of people collectively engage in a sport or form of physical exercise,including but not limited to running, jogging,walking,bicycling,or skating,on any city street or other city property. BLOCK PARTY:An outdoor party put on by the residents of a neighborhood that is located on a single block face,does not block an intersection,and requires temporarily closing down a city street,sidewalk,or other city property. DEMONSTRATION:An organized event,not including an athletic event or entertainment event,having as its primary purpose the exercise of expressive activities,including but not limited to speechmaking,picketing,protesting,marching.demonstrating,or debating public issues on any city street or other city property. ENTERTAINMENT EVENT:An organized event having as its primary purpose the entertainment or amusement of a group of people.including but not limited to parades,festivals, carnivals,fairs,concerts,block parties, or neighborhood gatherings on any city street or other city property. EVENTS COORDINATOR: The city employee designated by the mayor to administer the provisions of this chapter. FILMING EVENT: Filming of a media broadcast(other than for news purposes),filming of a motion picture or television broadcast,or still commercial photography,in any case involving more than four human participants. ORGANIZER: The individual or organization responsible for special event arrangements and payment of support fees. PUBLIC FORUM:A city street,sidewalk,or park,or any other city property that the city has opened for use by the public for free expression in general. 7 SPECIAL EVENT: Any athletic event, entertainment event, filming event, demonstration, or other organized event, whether held for profit, nonprofit, or charitable purposes, (1) involving 50 or more human participants or (2) if involving fewer than 50 human participants, that (a) involves use of streets, sidewalks, parks, or other city property in a way that does not comply with normal or usual traffic, pedestrian, park, or similar regulations or controls or (b) whose organizer desires to subject the event to the permit and other provisions of this chapter. SPONTANEOUS EVENT: A special event that is occasioned by news or affairs coming into public knowledge fewer than 14 days before the special event. 3.50.040: PERMIT REQUIRED: It is unlawful for any person, corporation, partnership, association, or other entity, public or private: A. To hold a special event without first obtaining a special event permit and paying the fees as required in this chapter; or B. To impede access to, or cause the closure of, any street or sidewalk in association with a special event without first obtaining a special event permit and paying the fees as required in this chapter. Liability under this chapter shall apply only to the organizer and shall not extend to participants in a non-permitted event. 3.50.050: EXEMPTION FROM PERMIT REQUIREMENT: A permit shall not be required for the following: 1. Spontaneous events conducted in a manner that does not unduly disrupt or inconvenience the public in the use of property involved, provided that the organizer of a spontaneous event is encouraged to give as much advance notice as reasonably possible to permit the city to provide services necessary for the spontaneous event; or 2. Activities lawfully conducted wholly by a governmental entity within the scope of its authority. Because spontaneous events and activities conducted wholly by a governmental entity are not required to get a permit, they may not reserve a location for their events unless they get a permit. A governmental entity may reserve a location if it voluntarily subjects itself to the permit and other provisions of this chapter. 3.50.060: PERMIT- APPLICATION PROCEDURES: A. Form; Information: All requests for special event permits shall be made on a special event permit application form prescribed by the city and shall include the following information: 1. Type and description of the special event; 3 2.Name of the organizer and the organizer's contact person.and such contact person's address and telephone number; 3. Services requested from the parks(electrical power,water,stage,sound system,etc.). police,fire,public services.and other city departments or divisions: 4.Proposed date of the special event.together with beginning and ending times; 5.Proposed location,including any barricade plan and route map; 6.Estimated numbers of event staff,participants,and spectators: 7.Any admission fee,donation,or other consideration to be charged to or requested from participants; 8.Signature of the applicant: 9.For a filming event,the number of dates of filming and the number of locations to be used, and a report regarding discussions with property owners or occupants in the affected neighborhoods.The applicant shall provide a short written description of and schedule for the proposed filming to the owners and occupants in the affected neighborhoods(as defined by boundaries set by the events coordinator).The applicant shall talk with owners and occupants of all such property and submit as part of the application a report noting any owner's or occupant's reaction along with the addresses and phone numbers of all such property owners and occupants:and 10.If the event is a block party,the applicant must collect and submit with the application form the signed consent to any street closure from all neighbors whose vehicular access to their property is affected by such street closure. B.Obtain from the City:A special event permit application may be obtained from the events coordinator. C.Submission;Time Limit:Applicants shall submit completed applications to the city at least 30 calendar days before the special event is scheduled to occur,in order to give the city sufficient time to process the application and to allow timely appeal if the application is denied.Applications submitted fewer than 14 calendar days before the special event is scheduled to occur shall be denied unless the applicant demonstrates to the mayor or the mayor's designee that compliance with the 30 day deadline was impractical or impossible due to the nature of the event. Any application for a filming event shall be submitted no later than four business days before the filming event is scheduled to occur. 4 D.Multiple Jurisdictions:Special events that cross or involve multiple governmental jurisdictions shall be approved only if the applicant also obtains formal authorization from all relevant governing bodies. 3.50.070: PERMIT-APPLICATION PROCESSING: A.Approval of Agencies,Departments,and Divisions:Upon receipt of a special event permit application,the events coordinator shall circulate copies of the application to the appropriate agencies and city departments and divisions for the purpose of obtaining their approval or recommendation of denial of a special event permit. B.Considerations:In reviewing an application,the city departments and divisions involved shall consider the following: I.The impact of the special event on the traffic,noise,parking,security,health,and safety of the public; 2.Appropriate and reasonable requirements for the mitigation of concerns regarding traffic, noise,parking congestion,security,health,and safety,and an evaluation of the measures proposed by the organizer to satisfy those requirements; 3.The demonstrated ability of the organizer to comply with requirements necessary to protect the safety,health,and welfare of the public; 4.The location and duration of the special event and the city's ability to accommodate the special event with the necessary resources:and 5.Other previously approved special events that could cause scheduling conflicts during the same period or cause overextension of the city's resources. C.Additional Requirements or Conditions:The agencies,departments,or divisions involved in reviewing an application may recommend additional requirements or conditions necessary to protect the public interest by ensuring traffic management,noise control,available parking, security of property,or the health and safety of the public. D. Intentional Misrepresentations. If the applicant intentionally makes a material misrepresentation on an application for a special events permit,such as a significant understatement of the anticipated number of participants,the applicant shall he liable to the city for any and all costs incurred by the city as a result of the misrepresentation and the applicant shall not be allowed to receive another special events permit from the city unless otherwise determined by the mayor.The city reserves the right to pursue other legal remedies against the applicant as a result of the misrepresentation. 5 3.50.080: PERMIT-FEES: A.Fee:Each initial application for a special event permit shall be accompanied by a nonrefundable fee as stated in the city's consolidated fee schedule to defray the administrative costs of processing the application. 13. City Support Services:City support services shall be provided for special events as determined by the city to protect the health,safety,and welfare of the public,at cost as stated in the city's consolidated fee schedule,payable by the organizer. 1.The city shall not issue a special event permit until the organizer pays the estimated support costs as determined by the city based on the application and past experience with similar events. 2.City support costs include,but are not limited to.police(but only for traffic control and clean-up),fire,and emergency medical protection,park maintenance,power,water,road closures,cleanup of city facilities before,during,or after the special event,and other costs to the city directly attributable to the special event. 3.City support services shall be limited to the minimum necessary to protect the health, safety.and welfare of the public and the public's use of city property.Police protection needs shall he determined and assigned by the chief of police or designee after considering relevant criteria such as the size.location,duration,time,and date of the special event;the number of streets and intersections blocked;and the need to detour or preempt public travel and use of streets or sidewalks.Park maintenance as well as the closure of roads and streets shall be administered by the appropriate city departments or divisions. 4.The city shall bill,and the organizer shall pay.the remaining support costs within 30 days after the date of invoice.Any refund due to the organizer shall be paid by the city within 30 days after the special event if actual costs are less than the estimate. C.Police.Fire.and Traffic Crowd Control:The organizer shall provide police and fire protection and traffic crowd control to the extent determined by the police chief,the tire chief,or their designees,and shall pay the fees therefor as stated in the city's consolidated fee schedule. D.City Parks:The use of a city park for the start and finish of an athletic event or for any other event,or portion of event,shall he subject to charges for services as stated in the city's consolidated fee schedule and shall be done in accordance with city policies and procedures. F.Exempt from Fees:Demonstrations and block parties shall be exempt from the fees set forth in subsections B,C,and D of this section,except for any fees imposed by government entities other than the city. 6 3.50.090: PERMIT- APPROVAL AND ISSUANCE: A. Approval; Issuance: A completed special event permit application shall be approved and a special event permit shall be issued to the applicant by the events coordinator upon approval by all affected departments and divisions in accordance with the provisions of and in compliance with the requirements of this chapter. The events coordinator shall notify all affected departments and divisions of all special event permits issued pursuant to this chapter. B. Reasons for Denial Specified: If a special event permit application is denied by the city, the events coordinator shall notify the applicant in writing of the reason or reasons for the denial. C. Grounds for Denial: The events coordinator may deny a permit application for a special event if: 1. The proposed special event violates a law, ordinance, policy, procedure, or regulation related to the time, place, or manner of the proposed special event; 2. The proposed special event is not consistent with the intended nature and use of the requested city property unless the applicant demonstrates that there is no alternative forum by which the applicant may reach the intended audience with the same intended message. 3. The proposed special event is scheduled at a place and time that will disrupt or interfere with an already approved special event. 4. The proposed special event does not provide for adequate adult supervision for minors scheduled to participate. 5. The proposed location or facility is not adequate to accommodate the proposed special event, or the nature of the proposed special event is such that the city does not have sufficient resources available to ensure the health, safety, and welfare of special event participants or the general public. 6. The permit application contains a material falsehood or misrepresentation. 7. The applicant is legally incompetent to contract, or to sue and be sued. 8. The applicant has failed to pay a debt to the city for costs incurred during a prior special event. 7 9. The proposed special event poses a significant danger or threat to the public health, welfare_or safety,or may result in unreasonable inconvenience or cost to the public. D. Conditional Issuance:The events coordinator may condition the issuance of a special events permit on the applicant satisfying conditions.For example.the events coordinator may require that the applicant provide adequate restroom facilities or security,or post a bond for clean up or other costs.Any conditions imposed on an applicant should be reasonable and necessary to ensure the health,safety,and welfare of special event participants and other people. E. Contents of Denial:If the events coordinator denies a permit application for a special event, he or she shall: 1. Specify in detail the basis for the denial by citing to the law,ordinance.policy, procedure.or regulation justifying the denial,and describe how the special event is not consistent with the cited provision;and 2.Describe how,the burden on free speech,if any,brought about by the denial is necessary to facilitate the city's interest in protecting the health,safety,or welfare of the public. F. Alternatives:In denying a permit application,the events coordinator,in consultation with other relevant city departments or divisions,may authorize an alternative special event permit at a date.time,location,or route different from that requested by the applicant.If the applicant desires to accept such alternative permit.it shall notify the events coordinator of such acceptance within three days after receiving notice of the alternative permit,but no later than three days before the scheduled special event. G. Revocation:The events coordinator,in consultation with other relevant city departments or divisions.may revoke any permit upon violation of the conditions or standards for issuance.The events coordinator may also revoke a permit in the event of a declaration of emergency. H. Dispersal of Special Event:The chief of police may disperse a special event that is being conducted in a manner inconsistent with the conditions of the special event permit,or if the event is in violation of any federal,state,or local law. I.Conflicting Applications;Priority Evaluation:When more than one application for a special event is received for the same day and time and for conflicting locations or routes,the events coordinator shall issue a permit,subject to the other provisions of this chapter.based on the following order of priorities: 8 1.Special events planned,organized or presented by state of Utah,Salt Lake County,federal, or city governmental entities or their agents if the request is made in good faith and not with the intent or purpose of improperly chilling constitutionally protected rights of competing applicants; 2.Historic usage special events where the same applicant has been granted use of a particular city forum at a particular date.time,and place for three or more consecutive years; 3.If neither subsection II nor 12 of this subsection are applicable,priority shall be given to a first in time filing. J.Consideration for Unsuccessful Applicant:After granting the successful applicant's request for the time,place.manner,and date,the events coordinator shall authorize the unsuccessful applicant to use an appropriate public forum at another suitable time,place,date,and manner. 3.50.100: PERMIT;LIABILITY INSURANCE: A.Certificate of Insurance:No special event permit shall be issued unless and until the applicant has submitted to the events coordinator a certificate of insurance,showing the city as an additional insured,on an occurrence policy issued by an insurance company authorized to do business in the State of Utah,showing commercial general liability and property damage coverage for the event in the amount stated in the city's consolidated fee schedule. However, the city reserves the option of obtaining a policy of special event liability insurance that would apply to some or all special events held in the city. If the city obtains such an insurance policy,it may charge event organizers a fee,as stated in the city's consolidated fee schedule,to offset a portion of the insurance premium that the city pays for the insurance policy. B.Exemptions:The following special events shall be exempt from the insurance requirements set forth in this section: 1. Demonstrations for which the applicant certifies to the events coordinator that:(a)the applicant and the organizer do not maintain such insurance coverage;(b)the cost to obtain insurance coverage for the demonstration is not commercially reasonable or is so cost prohibitive as to prevent the applicant or the organizer from holding the demonstration;and (c)the demonstration will not include fireworks or other similarly extraordinarily hazardous features;commercial activity;the sale or consumption of alcoholic beverages;or cooking, open fires,or fuel storage;and 2.School events located on,or directly adjacent to,school property;and 3.Special events involving fewer than 500 human participants; 9 4.Parades of less than one mile in length,measured from the beginning point to the ending point of the parade route,not including staging areas. 3.50.110: APPEAL PROCEDURES: Any applicant desiring to appeal an administrative decision of the city concerning the denial of a special event permit or the imposition of any condition on the issuance of a permit may petition the mayor or the mayor's designee.All appeals shall be in writing,shall state the specific grounds for the appeal,and shall be filed with the events coordinator within seven calendar days after the date the applicant received notice of the denial or condition. After reviewing the denial or the imposition of the condition,and after reviewing the petition appealing the denial or the imposition of a condition,the mayor or the mayor's designee shall,within five business days, issue a written decision and notify the applicant and the events coordinator of the decision.An applicant aggrieved by the decision of the mayor or the mayor's designee may seek immediate judicial review of such decision with a court of competent jurisdiction. 3.50.120: WAIVER OF REQUIREMENTS: The events coordinator shall waive any requirements for application fees or bonds for a demonstration if the requirement would be so financially burdensome that it would preclude the applicant from using public property for the proposed demonstration.Application for a waiver of a fee or bond shall be made on a form prescribed by the city and must include an affidavit by the applicant stating that the requirement(s)would be so financially burdensome that it would preclude the applicant from using city property for the proposed demonstration.If no written denial is issued within ten days after the date on which the application for waiver is fully completed,executed and filed with the events coordinator,the waiver request shall be deemed approved,contingent upon the applicant complying with all other permit requirements.Denials of requests for such waivers shall be subject to the appeal procedures contained in section 3.50.1 10. 3.50.130: CITY LIABILITY: By issuing a special event permit,the city makes no guarantees and assumes no liability for the safety of participants in or spectators of a special event. 3.50.140: VIOLATION;PENALTY: A violation of section 3.50.040 of this chapter shall be a class B misdemeanor.Failure to obtain a special event permit as required by this chapter may also result in enforcement action by the city which,in its discretion,may stop an event that has not been issued a special event permit and may issue citations where event staff or participants violate other state statutes or city ordinances,including but not limited to traffic rules and regulations,disturbing the peace,public nuisance,failure to disperse,trespass,or other health and safety regulations. 10 3.50.150: POLICIES AND PROCEDURES: The mayor may adopt policies and procedures with respect to the implementation of this chapter, including with respect to filming events,historic usage special events,and cost recovery for city support services and expenses. SECTION 2. Effective Date. That this ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City,Utah this 3rd day of March ,2015. J - NOD"'CHltIgyg>4'0 AT c��Ptct cj�y',", - �� � _per. CITY RECORDER mo: ''M s ok Transmitted to Mayor on (0'-/S ORATES�P.' Mayor's Action: y Approved. Vetoed. 1%0.e-co) MAYOR r / cir.'+,, If / -`?/.. ma's Y RECORDER ? ,+ •:• APPROVED AS TO FORM 't".'1>'' '� Salt Lake City Afforney's Office (SEAL) .ii�r° ..ATE S• Date 3-' -I S Bill No. g of 2015. By Published: March 33, 2015 • HB_ATTY-428101-v I I-Amended_and_restated_special_events_ordinance_20 13.DOC 11