Ordinance 10-03(A) Adopting HCC 19.02, Large Special Events, Requiring Permits, and Authorizing Charges for Large Special Events

CITY OF HOMER
HOMER, ALASKA

City Manager

ORDINANCE 10-03(A)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, ADOPTING HOMER CITY CODE CHAPTER 19.02, LARGE SPECIAL EVENTS, REQUIRING PERMITS FOR LARGE SPECIAL EVENTS IN THE CITY, AND AUTHORIZING CHARGES FOR CITY SERVICES REQUIRED FOR LARGE SPECIAL EVENTS.

WHEREAS, The City of Homer desires to attract and support special events for the community supporting cultural and recreational opportunities as a means of encouraging economic development; and

WHEREAS, The City of Homer, Alaska, from time to time may be the location for a large special event such as a parade, performance, concert, sporting event, fair, ceremony or other public assembly at which 500 or more people congregate; and

WHEREAS, The City has a population of approximately 5,400, and the presence of an additional 500 or more people attending a large special event will have a substantial impact on the City, including traffic, and the demand for services and facilities, including parking, sanitation facilities and refuse disposal; and

WHEREAS, The City may be required to expend its resources to provide additional services or facilities that are necessary to preserve public health, safety and convenience during a large special event; and

WHEREAS, The cost to the City of delivering services may be reduced by advanced planning through verification of items such as permits, bonding, insurance coverage, plan review, security requirements, sanitation preparation, and external agency approvals; and

WHEREAS, The small scale of the City government and infrastructure, and the limited routes for ingress to and egress from the City (and particular areas within the City, such as the Homer Spit), make planning to provide for public health, safety and convenience during a large special event particularly important; and

WHEREAS, It is in the best interest of the City and its residents that the City regulate large special events through a permitting process, and that the City receive compensation for additional services or facilities that it must provide because of a large special event.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code Chapter 19.02, Large Special Events, is adopted to read as follows:

 
Chapter 19.02
Large Special Events

Sections:

19.02.010 Definitions
19.02.020 Permit required
19.02.030 Permit application
19.02.040 Action on permit application
19.02.050 Denial of permit application
19.02.060 Revocation of permit
19.02.070. Payments for city services and facilities
19.02.080 Insurance

19.02.010 Definitions. As used in this chapter, the words and phrases defined in this section shall have the meaning stated.
“Anticipated attendance” means the largest number of persons, including participants and spectators, that the city manager reasonably expects to congregate at a single time and location during a special event.
“Demonstration” means an assembly of persons for purposes of expressive activity that occupies, or travels on, any street in a manner that does not comply with generally applicable traffic regulations; or occupies a public park or other public facility or property.
“Expressive activity” means conduct, the principal object of which is to communicate opinions, views or ideas, and for which no fee or donation is required to attend or participate, and includes public oratory, picketing and distribution of literature.
“Large special event” means a special event having an anticipated attendance of 500 or more persons.
“Special event” means a parade, performance, concert, sporting event, fair, ceremony or other public assembly, for which persons congregate in a street, park or other public or private property in the city.
“Sponsor” means the person or persons who organize, present or promote a special event.

19.02.020 Permit required. a. No sponsor may promote, advertise or sell admission to a large special event without first having obtained a permit from the city under this chapter.
b. The following are exempt from the permit requirement of this section:
1. a funeral procession.
2. a special event that is held entirely within a dwelling and the lot on which the dwelling is located.
3. a special event that is held within a permanent facility, such as an auditorium, theater, church or athletic field, that is specifically designed and intended for the activities comprising the event, and that:
i. has the capacity to accommodate the anticipated attendance at the special event, including compliance with maximum occupancy permitted by state or local fire officials; and
ii. has sufficient off-street parking to accommodate the anticipated attendance at the special event, according to the standards prescribed in HCC Title 21.
4. a special event that is sponsored by a duly organized neighborhood or homeowners’ association, occurs entirely within the area where the association’s members reside, generates minimal traffic outside that area, is attended only by the association’s members and their guests, and does not benefit any other organization.
5. an event that is sponsored by or under the control of the city.
6. a demonstration, provided that the chief of police is notified of the route or location of the demonstration at least 48 hours before the commencement of the demonstration.

19.02.030 Permit application. a. The sponsor shall submit an application for a permit for a large special event to the city manager on a form provided by the city. The sponsor shall submit the application not less than 120 days before the commencement of the large special event.
b. An application for a permit shall include:
1. The name and mailing address of each sponsor of the large special event;
2. For any sponsor who is not a natural person, the form of the sponsor entity, the state in which the entity is organized, the names of the principal officers of the entity, and proof that the entity is in good standing in its state of organization and qualified to conduct its activity in the state of Alaska.
3. The name of an individual who will be the on-site point of contact for the sponsor at all times from the commencement of on-site preparation for the large special event until all on-site clean-up and restoration work is completed after the conclusion of the large special event, and that individual’s 24-hour telephone number(s), in case of emergency;
4. A detailed description of the large special event;
5. A map locating the large special event, and depicting the layout of all large special event activities that will occur on public streets or other public property, if requested by the city manager; and
6. Any additional information requested in the permit application or by the city manager, including without limitation plans for parking, traffic control, sanitation and security as appropriate to the nature of the large special event.
c. An application shall be accompanied by the application fee that the city council establishes from time to time by resolution.

19.02.040 Action on permit application. a. The city manager may approve an application for a permit for a large special event upon finding that approval of the large special event will not be detrimental to the public health, safety or convenience. Grounds for denying a special event permit include without limitation those stated in HCC § 9.02.050.
b. The city manager may approve an application for a permit for a large special event subject to conditions or stipulations regarding the time, place and manner of the large special event that the city manager determines to be reasonably necessary to protect public health, safety and convenience, including without limitation the following:
1. Alteration of the time, place, and manner of the large special event proposed in the application.
2. Conditions concerning the area of assembly and disbanding of a large special event occurring along a route.
3. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the large special event to only a portion of a street or right-of-way.
4. Requirements for the use of traffic cones or barricades.
5. Parking requirements.
6. Requirements for the provision of first aid or sanitary facilities.
7. Requirements for security measures.
8. Requirements for use of event monitors and providing notice of permit conditions to event participants.
9. Requirements for use of garbage containers, cleanup, and restoration of City property.
10. Restrictions on the use of amplified sound and compliance with noise ordinances, regulations, and laws.
11. Notice to residents and businesses regarding any activity which would require street closure.
12. Restrictions on the sale and consumption of alcoholic beverages.
13. Provision of insurance as required by HCC § 9.02.080.
c. The city manager may condition approval of a permit for a special event that imposes substantial demands on city services or facilities on the sponsor’s payment for the necessary additional city services or facilities, and provision of a bond as required by HCC § 9.02.070.
d. The granting of a permit under this chapter does not exempt the large special event or its sponsor from:
1. Requirements for any business license or other permits which may be prescribed by any federal, state or local statutes, ordinances, rules or regulations.
2. Compliance with any other applicable federal, state or local statutes, ordinances, rules or regulations.

19.02.050 Denial of permit application. a. The reasons why the city manager may deny an application for a permit for a large special event include without limitation the following:
1. The large special event will disrupt traffic within the city beyond practical solution.
2. The large special event will create a likelihood of endangering the public safety beyond practical solution.
3. The large special event will interfere with access to emergency services.
4. The location or time of the large special event will cause undue hardship or excessive noise levels to businesses or residents in the vicinity of the event location.
5. The large special event will require the diversion of City resources that would unreasonably interfere with the maintenance of regular city service levels.
6. The application contains incomplete or false information.
7. The sponsor fails to provide proof of the insurance required by Section 19.02.080.
8. The sponsor will not provide adequate garbage and debris removal.
9. The sponsor will not provide adequate temporary sanitary facilities.
10. The sponsor will not provide adequate parking.
b. The city manager will notify the sponsor in writing of the denial of an application for a permit for a large special event, with a statement of the reasons for the denial. The sponsor may appeal the decision of the city manager to the city council by filing with the city clerk a written notice of appeal, stating the grounds for the appeal, not later than 15 days after the city manager mailed notice of the denial.

19.02.060 Revocation of permit. a. The city manager may revoke a permit for a large special event for any of the following reasons:
1. The large special event is conducted in a manner that fails to comply with a condition of the permit, or that violates any applicable federal, state or local law.
2. The sponsor fails to make any payment required under this chapter when the payment is due.
3. A condition or event occurs that would constitute a ground for denying the permit under HCC § 9.02.050.
b. Except in the circumstances described in subsection (c) of this section, the city manager shall not revoke a permit without first providing notice and an opportunity for a hearing under this subsection. The city manager shall notify the sponsor of the grounds for revoking the permit, and of the sponsor’s right to request a hearing on the revocation. The sponsor may obtain a hearing on the revocation by requesting the hearing in writing at the office of the city manager within the time prescribed in the revocation notice.
c. If the city manager determines that the grounds for revoking a permit constitute an immediate danger to public heath or safety, the city manager may revoke the permit without prior notice or hearing. Promptly after revoking a permit under this subsection, the city manager shall give the sponsor notice in accordance with subsection (b) of this section, and schedule a hearing on the revocation.

19.02.070. Payments for city services and facilities. a. If the city manager determines that a large special event will require additional support services or facilities from the police, fire, administrative, or any other city department, the city manager shall so notify the sponsor, with an estimate of the cost of such additional services. Within 15 days after such notice, but not less than two weeks before the large special event commences, the sponsor shall pay to the city an amount equal to 50 percent of such estimated cost. The sponsor shall pay to the city the remainder of the total actual cost of such additional services or facilities within 30 days after the last day of the large special event.
b. In addition to requiring payment for additional city services or facilities under subsection (a) of this section, the city manager may require a sponsor to submit to the city a deposit to cover the estimated cost of cleaning and restoring city property after a large special event. Any required deposit must be submitted to the city at least two weeks before the date the large special event commences. The deposit shall be refunded to the sponsor to the extent that it is not applied to pay the cost of cleaning and restoring city property used during the large special event.
c. If the city manager has cause to doubt a sponsor’s financial capability to pay any amount required under this section, the city manager may require the sponsor to provide a performance bond before issuing the permit for the special event.
d. All payments required under this section shall be made by cashier’s check or wire transfer, unless the city manager approves another payment method.

19.02.080 Insurance. a. The city manager may require that the sponsor of a large special event shall acquire and maintain in force at all times from the commencement of on-site preparation for the large special event until all on-site clean-up and restoration work is completed after the conclusion of the large special event, insurance coverages including the following:
1. Comprehensive commercial general liability with coverage limits up to $2,000,000 combined single limit per occurrence and aggregate, including premises-operations, independent contractors, products/completed operations, broad form property damage, blanket contractual and personal injury endorsements.
2. Comprehensive automobile liability covering all owned, hired and non-owned vehicles that the sponsor uses in connection with the large special event, with coverage limits up to $1,000,000 per occurrence.
3. Worker’s compensation insurance as required by AS 23.30.045 for all employees of the sponsor and its contractors engaged in work on the large special event.
b. Each policy of insurance required under this section shall name the city as an insured and contain an appropriate waiver of subrogation in favor of the city.
c. The sponsor shall furnish certificates of the insurance required under this section to the city at least 30 days before the commencement of on-site preparation for the large special event. Each certificate must provide for 30 days’ prior notice to the city of cancellation, nonrenewal or material change.

Section 2. This ordinance shall take effect upon its adoption by the Homer City Council.

Section 3. This ordinance is of a permanent and general character and shall be included in the City code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2010.

CITY OF HOMER

_____________________________
JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK

YES:
NO:
ABSTAIN:
ABSENT:

First Reading:
Public Hearing:
Second Reading:
Effective Date:

Reviewed and approved as to form:

________________________ ____________________________
Walt E. Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: ___________________ Date: _______________________