Special Events Ordinance ChgMEMORANDUM
September 27, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Special Events Project
A Special Events Committee was formed to examine issues related to the planning and
implementation of special events within the City. Police Captain Paula Gieseman is
recommending ordinance changes that will more formalize the special event permit
application process which effectively establishes a "one-stop" opportunity for the
applicant. The new ordinance will deal with safety, access and quality of life issues in
the neighborhoods during events. The new ordinance also deals with permits for events
on private property. School sporting events, church festivals and other such activities
are exempt from the permitting process.
I concur with the recommendations and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Paula Gieseman, Police Captain
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 7, 2001
To: Mike Van Milligen
City Manager
From: Paula Gieseman
Police Captain
Re: Special Events Project
SUBJECT
When you approved the new application and procedure format for special events, you
directed me to finish the recommended ordinance changes that the committee had
produced. Your intention was to present the City Council with the proposed procedure
and the ordinance recommendations as a package.
DISCUSSION
The ordinance recommendations were discussed at length during committee meetings,
and w/th Captain Tom Raschke and COP's, Scott Simpson, Randy Roy, Cory Sommer,
and PabIo Ramirez. The COP's provided extensive research information they had
obtained from other festival cities to help guide our thinking. One or more of the COP's
attended several Event Committee meetings.
Following the committee work, I met with Mark Dalsing and Barry Lindahl to craft
language that conveyed the intent of our group, and also met legal criteria. Barry made
some final changes to the language. Chief Wadding and the Event Committee members
have read and approved our recommendations.
Barry's f'mal recommended revisions are attached, along with copies of the current
ordinances that are marked to show you what was removed or changed. The ordinance
recommendations are as follows. Delete section 6-94; it is outdated and the intent is
covered in the "one-stop" process created by the committee. Delete sections 6-96, 6-98,
and 6-100; they are antiquated and impractical. Revise 6-99 (b) and (c) for the same
reasons. Add new section 33-23 regarding permits for private property events that will
substantially impact normal access and quality of life in the neighborhood. The section
specifically exempts schools sporting events, church festivals, and other activities of that
nature from the permit requirement process.
Amend section 33-46 regarding prohibited noises. The time limits set forth in the
proposed ordinance changes are consistent with reasonable hours for working people, and
reflect the research conducted with other festival cities. Exceptions can be made for
special cases, just as they are now, by obtaining variances from the Health Department.
Adopting the proposed times will reduce the number of complaints received from
residents of event areas, while the variances will allow the City to be flexible for
reasonable requests.
With this memo I have sent enough sample drafts of the proposed event booklet so the
City Council members can each have one to review. Since the samples were printed, we
made some small improvements that will be incorporated into the final printing if the
procedure is approved. I also attached an explanation of the changes to each booklet to
answer some obvious questions that will arise. Tammy Gehling designed the cover from
a photo she took at the last Dubuque and All That Jazz, and one of the changes is to the
cover. We have removed the '02 graphic so the booklets will be usable for more than one
calendar year. We also removed the information blanks at the bottom of the cover, since
we want the sponsors to keep the useful information we provide in the booklet. Finally,
we adjusted the perforations. Event sponsors will receive a booklet at City Hall, then
complete the forms we need, which will be on the perforated pages. They return those
pages to the City Clerk and keep the remainder of the booklet, which provide them with
directions, suggestions, and contact information for the various City Departments
involved in event regulation.
Sue Winter at the City Clerk's Office provides the booklets to the event sponsors, and
will disseminate the completed application information to the appropriate City
Departments for review and approval. Most of the time, the permit will be issued to the
sponsor without delay. In some cases, appropriate City personnel will contact the
sponsor to discuss aspects of an event, which may need to be adjusted before we can
approve the permit.
There are three key elements of the new process. First, the "one-stop" feature of the
booklet is designed to give event sponsors an easy and pleasant experience working with
the City. Second, the generous timeline is designed to improve event plans, and to help
sponsors weed out poorly prepared, disorganized participants. Third, the timeline helps
City personnel who are involved in events permitting to maintain a professional standard
of application review. Adequate review helps us ensure that each event plan, and all of
the participating vendors, will combine to provide safe and enjoyable experiences for the
people of our community.
BUDGET IMPACT
A supply of 200 booklets, which would supply us for approximately 1.5 to 2 years is
estimated to cost $1,218.47 ($6 each) by Welu Printing in Dubuque. A supply of 400
booklets would cost $1217.63 ($3 each) if purehased from Register Printing in East
Dubuque, IL.
RECOMMENDATION
On behalf of the Events Committee, I recommend that you present the proposed
ordinance changes and the event booklet to the City Council, and ask them to approve the
package. I have attached the ordinance changes as finalized by Barry to this memo.
ORDINANCE NO. 61-01
AN ORDINANCE REPEALING CITY OF DUBUQUE CODE OF ORDINANCES
SECTION 6-96, POLICE OFFICERS EMPLOYED AT DANCE HALLS; REPEALING
SECTION 6-98 RELATING TO POLICE SUPERVISION AT PUBLIC DANCES; AND
AMENDING SECTION 6-99 RELATING TO CONDITIONS AT DANCE HALLS.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. City of Dubuque Code of Ordinances is hereby amended by repealing
Section 6-96 and Section 6-98.
Section 2. City of Dubuque Code of Ordinances Section 6-99 is hereby
amended to read as follows:
Sec. 6-99. Cleanliness of premises; passage-ways to be unobstructed; vacation
of premises; grounds; conduct of patrons.
(a)All public dance hails shall be kept at all times in a clean and sanitary
condition, and all stairways and other passages and all rooms connected with
a dance hall shall be kept open and well-lighted.
(b) The Chief of Police and all other police officers of the City shall have the
power to cause the place, hall or room where any dance or ball is held or
given to be vacated whenever any disorder, which constitutes an imminent
threat to the public safety, shall take place therein.
(c) Disorderly or intoxicated persons shall not be permitted to attend a public
dance or remain in or about a public dance hall.
Section 3. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 'lst day of October
,2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ORDINANCE NO. 62-01
AN ORDINANCE REQUIRING A PERMIT FOR CERTAIN EVENTS ON PRIVATE
PROPERTY AND PROVIDING FOR THE APPLICATION AND STANDARDS FOR THE
ISSUANCE OF SUCH A PERMIT.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. City of Dubuque Code of Ordinances is hereby amended by adopting
the following new Sections:
Sec. 33-23. Permit Required for Events on Private Property.
No person shall hold an event on private property when the person knows or
reasonably should know that the event will substantially affect public health or
safety or the peace and quiet of a neighborhood by reason of the number of
persons attending such event, the use of outdoor music or amplified noise, and
the likely effect on traffic and parking, without first obtaining a permit from the
City Manager, which permit, when issued, shall be without charge, and shall
state the time, manner and conditions of such event. This Section shall not apply
to an event held by a church or educational institution.
Sec. 33-24. Permit Application.
(a) An application for a permit containing the information required herein shall be
filed with the City Manager by a person holding such an event. Applications
shall be made on forms prepared by the City Manager, and shall contain the
information required herein. The City Manager shall have a reasonable time
to grant or deny the permit. The length of time that is reasonable shall be
determined by the type of use requested; the information supplied; the time of
filing of the application; and the extent of advance preparation or planning
demonstrated and reasonably required.
(b) The City Manager shall grant or deny the permit, in writing, according to the
standards set forth in Section 33-25 of this Chapter and shall provide the
written decision to the applicant by regular mail or personal delivery.
Sec. 33-25. Application Form.
The application form for the event shall contain the following information:
(1) Name and address of the applicant and the sponsoring organization, if any.
(2) The type of event that is planned.
(3) Proposed location or locations.
(4) Expected size of group.
(5) Date, time and expected length of use.
(6) Names and addresses of the person or persons to be in charge of the
proposed use at the specified location.
(7) Names and addresses of any persons to be featured as entertainers or
speakers.
(8) List of mechanical or electronic equipment to be used.
(9) Number and type of any motor vehicles or other forms of transportation to
be used, including bicycles.
(10) Number and type of any animals to be used.
(11) A description of any sound amplification to be used.
Sec. 33-26. Standards for Issuance.
The City Manager shall examine the application and shall grant or deny said
permit based upon the following standards:
(1) In light of the date and time of said proposed use, whether the use will
unreasonably interfere with the privacy, safety, security, convenience and
tranquility of the residents or inhabitants of the area.
(2) Whether the proposed use or activity is compatible with the norma~ activity
of the neighborhood at the requested time and date.
(3) Whether the application demonstrates the applicant has the means,
planning and coordination to hold the proposed event, considering the time
of day, location, traffic control, parking requirements and any monitoring
required to protect the public health and safety.
(4) Whether the event will interfere with another event for which a permit has
already been granted.
(5) Whether the proposed use would substantially interrupt the flow of street
and/or pedestrian traffic.
(6) Whether the use would require the excessive diversion of police from other
duties or substantially interfere with the City's firefighting operations.
Sec. 33-27. Revocation.
After a permit is granted, in the event it is determined that the applicant has
misstated any material fact in the application, or that there is a substantial and
material variance between the information in the application and the actual facts
or those facts that appear reasonably to have occurred, the City Manager may
review such application and revoke such permit if not in compliance with this
Article. Such permit may also be revoked when it is determined by the Chief of
Police that by reason of disaster, public calamity, riot or other emergency, the
public safety requires such revocation.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 'lst. day of October
2001.
2
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
3
ORDINANCE NO. 63-01
AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES
SECTION 33-46, PROHIBITED NOISES, BY ADDING A NEW PARAGRAPH 13,
PROHIBITING OUTDOOR MUSIC OR AMPLIFIED NOISE AT CERTAIN TIMES.
Section 1. City of Dubuque Code of Ordinances Section 33-46 is hereby
amended by adding thereto the following new paragraph:
Sec. 33-46. Prohibited Noises.
Outdoor Music or Amplified Noise. The making or continuing to make any
outdoor music or amplified noise between the hours of 10:00 p.m. on Sunday
and 9:00 a.m. on Monday, 10:00 p.m. on Monday and 9:00 a.m. on Tuesday,
10:00 p.m. on Tuesday and 9:00 a.m. on Wednesday, 10:00 p.m. on Wednesday
and 9:00 a.m. on Thursday, 10:00 p.m. on Thursday and 9:00 a.m. on Friday,
midnight on Friday and 9:00 a.m. on Saturday and midnight on Saturday and
9:00 a.m. on Sunday, when the person making or causing to make such music or
noise knows or reasonably should know the music or noise would disturb the
peace of a reasonable person.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 1sr. day of October ,2001.
Terrance M. Duggan,
Attest:
Jeanne F. Schneider, City Clerk