CITY OF HOMER
HOMER, ALASKA
City Manager
ORDINANCE 09-42(A)(S)
AN ORDINANCE
OF THE CITY COUNCIL OF HOMER, ALASKA, ADOPTING HOMER CITY CODE CHAPTER 19.02, SPECIAL EVENTS, REQUIRING
PERMITS FOR SPECIAL EVENTS IN THE CITY, AND AUTHORIZING CHARGES FOR CITY
SERVICES REQUIRED FOR SPECIAL EVENTS
WHEREAS, The City of Homer, Alaska, is often the location for special events such as concerts and conferences; and
WHEREAS, The City often must expend its resources to provide additional services necessary to conduct these special events; and
WHEREAS, It is in the best interest of the City and its residents that the City regulate special events through a permitting process, and that the City receive compensation for additional services it must provide because of special events.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. Homer City Code
Chapter 19.02, Special Events, is adopted to read as follows:
Chapter 19.02
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
19.02.060 Revocation of permit
19.02.070. Payment for city services
19.02.080 Insurance and performance bond requirements
19.02.090 Deposit for cleaning and restoration
19.02.100 Expressive special events
19.02.010 Definitions. As used in this chapter, the words and phrases defined in this section shall have the meaning stated.
“Expressive Special Event” means a special event that is an exercise of rights protected by the First and/or Fourteenth Amendments to the United States Constitution or the Constitution of the State of Alaska.
“Special event” means an activity in which persons congregate on public or private property in the city in numbers that will affect the ordinary use of public streets or sidewalks, or other public property, or which requires extraordinary levels of City services. The term includes without limitation fairs, festivals, carnivals, sporting events, markets, parades, exhibitions, conventions, auctions, dances, and motion picture filming.
“Sponsor” means one or more persons who are organizing, presenting or promoting a special event.
19.02.020 Permit required. No person may conduct a special event without first having obtained a special event permit from the city under this chapter.
19.02.030 Permit application. a. The sponsor shall submit an application for a special event permit to the city manager on a form provided by the city.
1. If the event will be attended by more than 500 persons who are not city residents, the sponsor shall submit the application not later than 120 days before the date the event will commence.
2. Except as provided in paragraph 1 of this subsection, the sponsor shall submit the application not later than 60 days before the date the event will commence.
b. An application for a special event permit shall include:
1. The name and mailing address of each sponsor of the 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 the individual who will be the on-site point of contract for the sponsor, and that individual’s 24-hour telephone number(s), in case of emergency;
4. A detailed description of the special event;
5. A map locating all special event activities and/or depicting the layout of the special event, if requested by the city manager; and
6. Any additional information requested in the permit application or by the city manager.
c. A special permit application shall be accompanied by the application fee that the city council establishes from time to time.
19.02.040 Action on permit application. a. The city manager may approve a special event permit application upon finding that approval of the special event will not be detrimental to the public health, safety or welfare. Grounds for denying a special event permit include without limitation those stated in HCC § 9.02.050.
b. The city manager may approve a special event permit application subject to conditions regarding the time, place and manner of the special event that the city manager determines to be reasonably necessary to protect public safety and welfare, including without limitation the following:
1. Alteration of the time, place, and manner of the special event proposed in the application.
2. Conditions concerning the area of assembly and disbanding of an event occurring along a route.
3. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street or right-of-way.
4. Requirements for the use of traffic cones or barricades.
5. Requirements for the provision of first aid or sanitary facilities.
6. Requirements for use of event monitors and providing notice of permit conditions to event participants.
7. Requirements for use of garbage containers, cleanup, and restoration of City property.
8. Restrictions on the use of amplified sound and compliance with noise ordinances, regulations, and laws.
9. Notice to residents and businesses regarding any activity which would require street closure.
10. Restrictions on the sale and consumption of alcoholic beverages.
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 entering into a special event contract with the city. In addition to providing for the sponsor’s compliance with conditions of permit approval, a special event contract may address issues such as payment for city services, and provision of bonds and insurance.
19.02.050 Denial of permit. The reasons for why the city manager may deny a special event permit include without limitation the following:
a. The special event will disrupt traffic within the city beyond practical solution.
b. The special event will create a likelihood of endangering the public.
c. The special event will interfere with access to emergency services.
d. The location or time of the special event will cause undue hardship or excessive noise levels to businesses or residents in the vicinity of the event location.
e. The event will require the diversion of City resources that would unreasonably interfere with the maintenance of regular city service levels.
f. The application contains incomplete or false information.
g. The applicant fails to provide proof of insurance.
h. The sponsor will not provide adequate garbage and debris removal.
i. The sponsor will not provide adequate temporary restroom facilities.
j. The sponsor will not provide adequate parking.
k. The city and the sponsor cannot agree on the terms of a special event contract.
19.02.060 Revocation of permit. a. The city manager may revoke a special event permit for any of the following reasons:
1. The special event is conducted in a manner that fails to comply with a condition of the special event permit or the special event contract, 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. There is a ground for denying the special event 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 special event 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 special event permit constitute an immediate danger to public heath or safety, the city manager may revoke the special event permit without prior notice or hearing. Promptly after revoking a special event 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 special event will require additional support services from the police, fire, administrative, or any other city department, the city manager shall so notify the event sponsor, with an estimate of the cost of such additional services. Within 15 days after such notice, the event sponsor shall pay to the city an amount equal to 10 percent of such estimated cost. The sponsor shall pay to the city the remainder of the total actual cost of such additional services within thirty days after the last day of the special event.
b. The city manager may exempt a sponsor from paying costs under subsection (a) of this section where the city manager determines each of the following:
1. The cost of additional support services for the special event will not exceed $2,000.00;
2. The event is sponsored by a nonprofit or government entity;
3. The organizer or sponsor demonstrates that the event is in the best interests of the community; and
4. The organizer or sponsor demonstrates that the costs otherwise imposed under this section would make it difficult for the organizer or sponsor to conduct the event.
A sponsor accepting an exemption from paying costs under this subsection shall submit to the city an accounting of expenses incurred and revenues generated during the special event within ninety days after the last day of the special event.
c. In addition to requiring payment for additional city services 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 special event. Any required deposit must be submitted to the city at least 30 days before the date the event commences. The deposit shall be refunded to the sponsor to the extent that it is nor applied to pay the cost of cleaning and restoring city property used during the special event.
d. If the city manager has reasonable doubt as to 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.
e. All payments required under this section shall be made by cashier’s check, credit card or wire transfer, unless the city manager approves another payment method.
19.02.080 Insurance. If the special event permit includes permission to use city property, streets, or rights-of-way, the applicant will be required to obtain and present evidence of comprehensive liability insurance naming the city as an additional insured. The insurance requirement is a minimum of $1,000,000 combined single limit per event against all claims arising from permits issued and events or activities authorized pursuant to this chapter.
19.02.100 Expressive special events. a. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected expressive special event. Factors that may be considered in evaluating whether a special event is an expressive special event include the nature of the event; the extent that the special event consists of commercial activity such as the sale of food, goods, and services, or product advertising or promotion; the use or application of any funds raised.
b. An application for an expressive special event shall be processed promptly, without conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public.
c. Conditions on an expressive special event permit shall be limited to
1. Alteration of the time, place, and manner of the special event proposed in the application.
2. Conditions concerning the area of assembly and disbanding of an event occurring along a route.
3. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street or right-of-way.
d. An expressive special event shall be exempt from the permit application fee, payment for additional city services, insurance and performance bonding, and cleaning and restoration deposit requirements of this chapter.
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 THE CITY OF HOMER, ALASKA, this _____ day of September 2009.
CITY OF HOMER
_____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
______________________________
JO JOHNSON, CMC, CITY CLERK
AYES:
NOES:
ABSTAIN:
ABSENT:
First Reading:
Public Reading:
Second Reading:
Effective Date:
Reviewed and approved as to form:
Walt Wrede, City Manager City
Attorney
Date: _______________________ Date: ______________________