Code or Ordinances Amendment - Title 10 Special Events and Waiver PolicyMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Special Event Permit Waiver Policy
DATE: February 21, 2014
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
Assistant City Manager Cindy Steinhauser recommends City Council adopt the
ordinance establishing a Special Event Waiver process and approve the recommended
Special Event Waiver Policy.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Masterpiece on the Mississippi
To: Mike Van Milligen, City Manager
From: Cindy Steinhauser, Assistant City Manager
Date: February 14, 2014
Re: Special Event Permit Waiver Policy
Introduction
Dubuque
bitell
All- America City
1 I
2007 • 2012 • 2013
The purpose of this memorandum is to recommend a waiver policy for special events
that fall under the city of Dubuque special events permit process.
Background
The City of Dubuque has an established special events committee that reviews and
makes recommendations for special events held in the city limits. This committee
includes staff from the following departments: Police, Fire, Engineering, Health, Parking,
Transit, Emergency Communications and the City Manager's office. Also included are
representatives from the County Sheriff's department and Dan LoBianco from Dubuque
Main Street Ltd. On average, this committee reviews on average 125 — 140 special
events applications each year. Types of events that are required to fill out a Special
Event Permit include: parades, rallies or marches, block parties, festivals, fundraisers
such as a walk or run, street closures, fireworks, vigils, dedication ceremonies,
remembrance ceremonies and events on city property or right of way.
As part of the permit process applicants are required to submit a completed application
a minimum of 30 -days prior to their event. As part of this submittal, applicants must
include a refundable deposit ($50 for non - alcoholic events, $300 for events involving
alcohol), a signed indemnity agreement and provide proof of insurance as required by
the city. Applicants are also charged a $50 non - refundable processing fee to review
and process the applications. In the past the city has received requests to waive each of
the various requirements and in response to recommendations from the Safe
Community Task Force, the City Council has waive the application fee, deposit and
insurance requirement for events such as neighborhood block parties.
Discussion
In response to increase requests to waive the fee, deposit, indemnity and insurance
requirements city staff from the City Manager's Office, City Clerks and Legal
Department met to review and develop a standardized Special Event Waiver Policy. A
summary of the waiver policy recommendation is as follows:
Permit Application Fee Waiver criteria:
• Veteran's events: including memorial services, parades, and Federal or State
designated holidays. The event for veterans must be organized by a Veteran's
organization.
• Events that are identified as furthering the Safe Community Task Force
recommendations including such events as neighborhood gatherings,
neighborhood or community -wide cleanup.
• Vigils and parades for Federal or State designated holidays.
Deposit Fee Waiver (non - alcoholic events only):
• Veteran's events: including memorial services, parades, and Federal or State
designated holidays. The event for veterans must be organized by a Veteran's
organization.
• Events that are identified as furthering the Safe Community Task Force
recommendations including such events as neighborhood gatherings,
neighborhood or community -wide cleanup.
Insurance and Indemnity Waivers (non - alcoholic events only):
• Low - impact events: including events confined to a specific area and do not
encroach upon the travel portion of streets or sidewalks.
• Veteran's events: including memorial services, parades, and Federal or State
designated holidays. The event for veterans must be organized by a Veteran's
organization.
• Events that are identified as furthering the Safe Community Task Force
recommendations including such events as neighborhood gatherings,
neighborhood or community -wide cleanup.
This recommendation was developed after a review of current practices,
recommendations from the Safe Community Task Force and case law. The attached
ordinance establishes authority for the City Manager under Section 10 -4 -5 to grant
waivers to the Special Event Permit Application process.
Action
The requested action is for City Council to adopt the ordinance establishing a Special
Event Waiver process and approve the recommended Special Event Waiver Policy.
Cc: Kevin Firnstahl, City Clerk
Crenna Brumwell, Assistant City Attorney
Pam McCarron, Permit Clerk
2
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 4 PARADES AND ASSEMBLIES BY ADDING
SEPARATE SECTIONS FOR GROUPS OF 24 OR LESS PEOPLE AND GROUPS OF
25 OR MORE, CLARIFYING THAT A HOLD HARMLESS AGREEMENT IS
NECESSARY FOR GROUPS OF OVER 25 PEOPLE, DISTINQUISHING BETWEEN
EVENTS THAT OCCUR ON CITY PROPERTY, PUBLIC RIGHT -OF -WAY, OR
PRIVATE PROPERTY, CLARIFYING WHEN A PERMIT IS NECESSARY FOR
EVENTS ON PRIVATE PROPERTY, AND ADDING A PROVISION WHICH ALLOWS
THE CITY MANAGER TO WAIVE CERTAIN REQUIREMENTS PER AN ADOPTED
POLICY; AND AMENDING TITLE 10 PUBLIC WAYS AND PROPERTY BY ADDING
A NEW CHAPTER 8, VALET DROP OFF PARKING; PERMIT REQUIREMENTS
WHICH MOVES THE VALET PARKING REGULATIONS TO A DIFFERENT
LOCATION WITHIN TITLE 10.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 10, Chapter 4 of the City of Dubuque Code of Ordinances is
amended to read as follows:
10 -4 -1: GATHERINGS; PERMIT REQUIREMENTS:
A. Gatherings Of Twenty -Four (24) Or Less People.
1. No permit is required for gatherings of twenty -four (24) or less people.
However, gatherings of twenty -four (24) or less people must comply with all other
applicable City codes.
2. Gatherings of twenty -four (24) or less people may file a courtesy
application with the City Clerk for informational purposes. The information will be
used to facilitate public safety.
B. Gatherings Of Twenty -Five (25) Or More People.
1. Permit Required: Before any group of twenty -five (25) or more persons
collect or gather together upon City property, the public right -of -way, or private
property, they must first obtain a permit from the city manager, which permit must
state the time, manner, and location of such gathering or assembly.
2. Permit Fee: A permit fee and refundable deposit will be collected based
on the size and location of the gathering.
3. Permit Application:
a. Filing Of Application: An application for a permit containing the
information required herein must be filed with the city manager by any
group desiring to use any city property, public right -of -way, or private
property as provided in this section. Applications must be made on forms
prepared by the city manager, and must contain the information required
herein. The city manager must have a reasonable time to grant or deny
the permit. The length of time that is reasonable will be determined by the
location and size of the event, the information supplied, the time of filing of
the application, and the extent of advance preparation or planning
demonstrated and reasonably required.
b. Grant Or Denial Of Permit: The city manager must grant or deny
the permit, in writing, according to the standards set forth in subsection 5
of this section and must provide the written decision to the applicant by
regular mail or by personal delivery.
4. Application Form; Information Required:
a. Contents Of Application: The application form for the use of any city
property, public right -of -way, or private property must contain the following
information:
(1) Name and address of the applicant and the sponsoring
organization, if any.
(2)
(3)
(4)
(5)
A description of the event that is planned.
Proposed location or locations.
Expected size of group.
Date, time and expected length of the 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.
(12) Proposed monitoring of the group, including the number of
people who will set up and clean up.
(13) Plan for compliance with the Americans with Disabilities Act
and Americans with Disabilities Act Accessibility Guidelines
(ADAAG).
(14) Other information as the city manager believes necessary to
ensure public access and safety.
b. Hold Harmless Agreement: For gatherings of more than twenty -five
(25) people on city property or the public right -of -way, the application will
include an agreement pursuant to which the applicant agrees to indemnify,
defend and hold harmless the city and its agents, officers and employees,
from any and all claims, lawsuits, damages, losses and expenses, of
whatever nature, which may result from or arise from the gathering
covered by the permit, irrespective of whether said claims are frivolous or
meritorious.
5. Standards For Issuance: The city manager must examine the application,
and must grant or deny said permit based upon the following standards:
a. Interference With Privacy, Safety And Security: 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.
b. Size And Condition Of Accommodations: Whether the proposed
city property, public right -of -way, or private property can accommodate the
group or use, based both on group size and on health and sanitation
facilities, whether available or to be provided by applicant.
c. Compatibility Of Use: Whether the proposed gathering is
compatible with the normal activity of the city property, public right -of -way,
or private property at the requested time or date.
d. Demonstration Of Means, Planning And Coordination: Whether the
application demonstrates the applicant has the means, planning and
coordination to hold the gathering, considering the time of day, location,
public facilities available, traffic control, parking requirements and any
monitoring required to protect the public health and safety.
e. Timing Of Event: Whether the event will interfere with another event
for which a permit has already been granted.
f. Interruption Of Vehicular Or Pedestrian Traffic: Whether the
proposed use would substantially interrupt the flow of street and /or
pedestrian traffic.
g. Excessive Diversion Of Police: Whether the use would require the
excessive diversion of police from other duties, or substantially interfere
with the city's firefighting operations.
6. Revocation Of Permit: 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 subsection. 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.
10 -4 -2: UNLAWFUL ASSEMBLY:
A. Definition: Any "unlawful assembly" is three (3) or more persons assembled
together, with them or any of them acting in a violent manner, and with intent that they
or any of them will commit a public offense or causing other persons to be intimidated,
harassed or placed in fear of bodily harm.
B. Prohibited Act: It is unlawful for a person to willingly join in or remain a part of an
unlawful assembly, knowing or having reasonable grounds to believe that it is such.
C. Refusal To Disperse: It is unlawful for any person within the hearing distance of a
police officer who orders the participants in an unlawful assembly of persons in the
immediate vicinity of an unlawful assembly to refuse to disperse.
D. Lawful Assemblies Excepted: Nothing in this section will be construed to prevent
persons from gathering together in orderly or lawful assemblies and which will not result
in the disturbance of the peace or disorderly conduct.
10 -4 -3: GATHERINGS ON PRIVATE PROPERTY; PERMIT REQUIREMENTS:
A. Permit Required: For events on private property, a permit stating the time,
manner, and location of such event will be required 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, and:
1. A fee is charged to attendees; or
2. The property possesses a zoning classification other than R and the event
is outside of the original intent or purpose of the facility.
B. Permit Fee: A permit fee will be collected based on whether the event is open to
the public.
C. Permit Application:
1. Filing Of Application; Contents: An application for a permit containing the
information required herein must be filed with the city manager by a person
holding such an event. Applications must be made on forms prepared by the city
manager, and contain the information required herein. The city manager must
have a reasonable time to grant or deny the permit. The length of time that is
reasonable will be determined by the size of the event, the information supplied,
the time of filing of the application, and the extent of advance preparation or
planning demonstrated and reasonably required.
2. Grant Or Denial Of Permit: The city manager must grant or deny the
permit, in writing, according to the standards set forth in subsection E of this
section and must provide the written decision to the applicant by regular mail or
personal delivery.
D. Application Form; Information Required: The application form for the event must
contain the following information:
1. Name and address of the applicant and the sponsoring organization, if
any.
2. A description of the 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.
E. Standards For Issuance: The city manager must examine the application and
grant or deny said permit based upon the following standards:
1. Interference With Privacy, Safety, Security: 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. Compatibility Of Use: Whether the proposed use or activity is compatible
with the normal activity of the neighborhood at the requested time and date.
3. Demonstration Of Means, Planning And Coordination: 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. Timing Of Event: Whether the event will interfere with another event for
which a permit has already been granted.
5. Interruption Of Vehicular And Pedestrian Traffic: Whether the proposed
use would substantially interrupt the flow of street and /or pedestrian traffic.
6. Excessive Diversion Of Police: Whether the use would require the
excessive diversion of police from other duties or substantially interfere with the
city's firefighting operations.
F. Revocation Of Permit: 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
chapter. 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.
10 -4 -4: WAIVER.
The City Manager is authorized to waive certain requirements based on criteria
approved in the Special Events Permit Waiver Policy.
Section 2. Title 10 of the City of Dubuque Code of Ordinances is amended by
adding the following chapter:
10 -8 -1: VALET DROP OFF PARKING; PERMIT REQUIREMENTS.
A. Permit Required. Before any for profit organization or business offers valet drop
off parking, the organization or business must first obtain a permit from the city
manager.
B. Permit Fee. A permit fee will be charged at the rate of four hundred dollars
($400.00) per year.
C. Permit Application:
1. Filing of Application. An application for a permit containing the information
required herein must be filed with the city manager by any group desiring to use
any city property or public right -of -way as provided in this section. Applications
must be made on forms prepared by the city manager, and must contain the
information required herein. The city manager must have a reasonable time to
grant or deny the permit. The length of time that is reasonable will be determined
by the location, the information supplied, the time of filing of the application,
public safety, and the extent of advance preparation or planning demonstrated
and reasonably required.
2. Grant or Denial of Permit. The city manager must grant or deny the
permit, in writing, according to the standards set forth in subsection E of this
section and must provide the written decision to the applicant by regular mail or
by personal delivery.
D. Application Form; Information Required.
1. Contents of Application: The application form for the use of any city
property, public right -of -way, or private property must contain the following
information:
a. Name and address of the applicant and the sponsoring
organization, if any.
b. Proposed location or locations.
c. Expected size of group.
d. Date, time and expected length of the use.
e. Names and addresses of the person or persons to be in charge of
the proposed use at the specified location.
f. Names and addresses of any persons to be featured as
entertainers or speakers.
g.
List of mechanical or electronic equipment to be used.
h. Number and type of any motor vehicles or other forms of
transportation to be used, including bicycles.
Number and type of any animals to be used.
j. A description of any sound amplification to be used.
k. Proposed monitoring of the group, including the number of people
who will set up and clean up.
Plan for compliance with the Americans with Disabilities Act and
Americans with Disabilities Act Accessibility Guidelines (ADAAG).
m. Other information as the city manager believes necessary to ensure
public access and safety.
2. Hold Harmless Agreement. For valet parking on city property or the public
right -of -way the application must include an agreement pursuant to which the
applicant agrees to indemnify, defend and hold harmless the city and its agents,
officers and employees, from any and all claims, lawsuits, damages, losses and
expenses, of whatever nature, which may result from or arise from the provision
of valet parking covered by the permit, irrespective of whether said claims are
frivolous or meritorious.
E. Standards for Issuance. The city manager must examine the application, and
must grant or deny said permit based upon the following standards:
1. Interference with Privacy, Safety and Security: 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. Size and Condition of Accommodations: Whether the proposed city
property or public right -of -way can accommodate the proposed use, based both
on size, location, and public safety.
3. Compatibility of Use: Whether the proposed valet parking is compatible
with the normal activity of the city property or public right -of -way at the requested
time or date.
4. Demonstration of Means, Planning and Coordination: Whether the
application demonstrates the applicant has the means, planning and coordination
to perform the valet parking considering the time of day, location, public or
private facilities available, traffic control, parking requirements and any
monitoring required to protect the public health and safety.
5. Timing of Event: Whether valet parking will interfere with another event or
valet parking operation for which a permit has already been granted.
6. Interruption of Vehicular or Pedestrian Traffic: Whether the proposed use
would substantially interrupt the flow of street and /or pedestrian traffic.
7. Excessive Diversion of Police: Whether the use would require the
excessive diversion of police from other duties, or substantially interfere with the
city's firefighting operations.
F. Revocation Of Permit: 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
chapter. 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 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the day of 2014.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
1 10 4 1: PARADE, ASSEMBLY, VALET DROP OFF PARKING GATHERINGS: PERMIT
REQUIREMENTS:
A. Gatherings Of Twenty -Four (24) Or Less People.
1. No permit is required for gatherings of twenty -four (24) or less peoples- - - -
However, gatherings of twenty -four (24) or less people must comply with all other
applicable City codes.
2. Gatherings of twenty -four (24) or less people may file a courtesy
application with the City Clerk for informational purposes. The information will be
used to facilitate public safety.
B. Gatherings Of Twenty -Five (25) Or More People.
1A. Permit Required:
4- Before any group of perc ns chall collcct or gathcr togcthcr or paradc or
march upon the streets of the city, or before any group of twenty_ five (25) or
more persons shall collect or gather together or parade or march upon Cy
.ro.ert the .ublic right-of-wa or .rivate .ro.ert •- _ _ •- they
mustshall first obtain a permit from the city manager, which permit, when issued,
shall be without charge, and shall must state the time, manner, and
Iocationionc of such gatheringmarch, parade, or assembly.
2. Permit Fee: A permit fee and refundable deposit will be collected based
on the size and location of the gathering.Before any for profit organization or
bucinece chall offer valet drop off parking, the organization or bucinccc chall firct
obtain a permit from the city manager, which permit, when iccucd, chall be
charged at the rate of four hundred dollars ($'100.00) per year, and shall state the
314. Permit Application:
a4. Filing Of Application: An application for a permit containing the-----
information required herein musts141 be filed with the city manager by any
group desiring to use any city property, public right -of -way, or private
propertyetrect or public place as provided in this section. Applications
mustshall be made on forms prepared by the city manager, and mustslaall
contain the information required herein. The city manager mustshall have
a reasonable time to grant or deny the permit. The length of time that is
reasonable willsball be determined by the location and size of the
eventtype of use requested, the information supplied, the time of filing of
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the application, and the extent of advance preparation or planning
demonstrated and reasonably required.
b2. Grant Or Denial Of Permit: The city manager mustehall grant or - - ---
deny the permit, in writing, according to the standards set forth in
subsection 5D of this section and mustsgall provide the written decision to
the applicant by regular mail or by personal delivery.
4C. Application Form; Information Required:
Formatted: Indent: Left: 1"
'-• - -( Formatted: Indent: Left: 0.5"
a4. Contents Of Application: The application form for the use of any ci�r - - - --
property, publicht- of -wav, or private propertvctrcct or public placc
mustslaall contain the following information:
Ma- Name and address of the applicant and the sponsoring.--- -
organization, if any.
A descriptionThe type of the event that is planned.
Q - Proposed location or locations.
_Ltd, Expected size of group.
_ne- Date, time and expected length of the use.
Names and addresses of the person or persons to be in
charge of the proposed use at the specified location.
(7)g- Names and addresses of any persons to be featured as
entertainers or speakers.
u1=1- 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)1- Number and type of any animals to be used.
(11)1 A description of any sound amplification to be used.
(12)1- Proposed monitoring of the group, including the number of
people who will set up and clean up.
(13)x -Plan for compliance with the Americans with Ddisabilities
Acct and Americans with Deisabilities Aact Aaccessibility
Gguidelines (ADAAG).
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Formatted: Indent: Left: 1.5"
Formatted: Indent: Left: 1.5"
Other information as the city manager believes necessary to
ensure public access and safety.
b2. HoldSave Harmless Agreement: For gatherings of more than---- -
twenty -five (25) people on city property or the public right -of -way, the
application willsla44 include an agreement pursuant to which the applicant
shall agrees to indemnify, defend and holdsaye harmless the city and its
agents, officers and employees, from any and all claims, lawsuits,
damages, losses and expenses, of whatever nature, which may result
from or arise from the aatheringactivity or cvcnt covered by the permit,
irrespective of whether said claims are frivolous or meritorious.
543. Standards For Issuance: The city manager mustshat4 examine the*--- -
application, and mustslaall grant or deny said permit based upon the following
standards:
a4. Interference With Privacy, Safety And Security: 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.
Formatted: Indent: Left: 1"
Formatted: Indent: Left: 0.5"
Formatted: Indent: Left: 1"
b2. Size And Condition Of Accommodations: Whether the proposed-- - Formatted: Indent Left: 1"
city property, public right -of -way, or private propertystreet or public place
can accommodate the group or use, based both on group size and on
health and sanitation facilities, whether available or to be provided by
applicant.
c3. Compatibility Of Use: Whether the proposed gatheringuse or
activity is compatible with the normal activity of the city property, public
right -of -way, or private propertyetrect or public placc at the requested time
or date.
d4. Demonstration Of Means, Planning And Coordination: Whether the
application demonstrates the applicant has the means, planning and
coordination to hold the catheringpropoced even+ considering the time of
day, location, public facilities available, traffic control, parking
requirements and any monitoring required to protect the public health and
safety.
eg. Timing Of Event: Whether the event will interfere with another event
for which a permit has already been granted.
f8. Interruption Of Vehicular Or Pedestrian Traffic: Whether the
proposed use would substantially interrupt the flow of street and/or
pedestrian traffic.
g ;. Excessive Diversion Of Police: Whether the use would require the
excessive diversion of police from other duties, or substantially interfere
with the city's firefighting operations.
6€. Revocation Of Permit: 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 subsection. 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.
10 -4 -2: UNLAWFUL ASSEMBLY:
A. Definition: Any "unlawful assembly" is three (3) or more persons assembled
together, with them or any of them acting in a violent manner, and with intent that they
or any of them will commit a public offense or causing other persons to be intimidated,
harassed or placed in fear of bodily harm.
1 B. Prohibited Act: It issfaall -fie unlawful for a person to willingly join in or remain a
part of an unlawful assembly, knowing or having reasonable grounds to believe that it is
such.
1 C. Refusal To Disperse: It issiaaif --bee unlawful for any person within the hearing
distance of a police officer who orders the participants in an unlawful assembly of
persons in the immediate vicinity of an unlawful assembly to refuse to disperse.
1 D. Lawful Assemblies Excepted: Nothing in this section willsfhall be construed to
prevent persons from gathering together in orderly or lawful assemblies and which will
not result in the disturbance of the peace or disorderly conduct.
1 10 -4 -3: GATHERINGSEV�S ON PRIVATE PROPERTY; PERMIT
REQUIREMENTS:
A. Permit Required: For events on private property, a permit stating the time,
manner, and location of such event will be reouiredNo 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 and:without firct 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.
1. A fee is charged to attendees: or
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•- - - Formatted: Indent: Left: 0.5"
2. The property possesses a zoning classification other than R and the event
is outside of the original intent or purpose of the facility.
B. Permit Fee: A permit fee will be collected based on whether the event is open to
the public.
C8. Permit Application:
1. Filing Of Application; Contents: An application for a permit containing the
information required herein mustshall be filed with the city manager by a person
holding such an event. Applications mustchall be made on forms prepared by the
city manager, and shall contain the information required herein. The city manager
mustshall have a reasonable time to grant or deny the permit. The length of time
that is reasonable willshall be determined by; the size of the eventthe type of use
requeste 1, the information supplied; the time of filing of the application; and the
extent of advance preparation or planning demonstrated and reasonably
required.
2. Grant Or Denial Of Permit: The city manager mustshall grant or deny the
permit, in writing, according to the standards set forth in subsection ED of this
section and mustchall provide the written decision to the applicant by regular mail
or personal delivery.
DC. Application Form; Information Required: The application form for the event
mustshall contain the following information:
1. Name and address of the applicant and the sponsoring organization, if
any.
2. A descriptionTh a of the 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.
EQ. Standards For Issuance: The city manager mustsgall examine the application
and €P-grant or deny said permit based upon the following standards:
1. Interference With Privacy, Safety, Security: 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. Compatibility Of Use: Whether the proposed use or activity is compatible
with the normal activity of the neighborhood at the requested time and date.
3. Demonstration Of Means, Planning And Coordination: 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. Timing Of Event: Whether the event will interfere with another event for
which a permit has already been granted.
5. Interruption Of Vehicular And Pedestrian Traffic: Whether the proposed
use would substantially interrupt the flow of street and/or pedestrian traffic.
6. Excessive Diversion Of Police: Whether the use would require the
excessive diversion of police from other duties or substantially interfere with the
city's firefighting operations.
F €. Revocation Of Permit: 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
chapter. 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.
,1 0 -4 -4:. WA IVER.
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The Cit Mana.er is authorized to waive certain requirements based on criteria•
approved in the Special Events Permit Waiver Policy.
10 -8 -1: VALET DROP OFF PARKING :PERMIT REQUIREMENTS.
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A. Permit Required. Before any for profit organization or business offers valet drop•- ---
off parking, the organization or business must first obtain a permit from the city
manager.
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B. Permit Fee. A permit fee will be charged at the rate of four hundred dollars---- -
($400.00) per year,
C. Permit Application:
1. Filing of Application. An application for a permit containing the information- -
required herein must be filed with the city manager by any group desiring to use
any city property or public right -of -way as provided in this section. Applications
must be made on forms prepared by the city manager, and must contain the
information required herein. The city manager must have a reasonable time to
grant or deny the permit. The length of time that is reasonable will be determined
by the location, the information supplied, the time of filing of the application,
public safety, and the extent of advance preparation or planning demonstrated
and reasonably required.
2. Grant or Denial of Permit. The city manager must grant or deny the
permit, in writing, according to the standards set forth in subsection E of this
section and must provide the written decision to the applicant by regular mail or
by personal delivery.
Application Form: Information Required.
1. Contents of Application: The application form for the use of any city*,
property, public right -of -way, or private property must contain the following
information:
Name and address of the applicant and the sponsorinq•`
organization, if any.
ii. Proposed location or locations.
Expected size of group.
iv. Date, time and expected length of the use.
v. Names and addresses of the person or persons to be in charge of
the proposed use at the specified location.
vi. Names and addresses of any persons to be featured as
entertainers or speakers.
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pt, No bullets or numbering
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+ Start at 1 + Alignment Right +
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vii. List of mechanical or electronic equipment to be used.
viii. Number and type of any motor vehicles or other forms of
transportation to be used, including bicycles.
ix. Number and type of any animals to be used.
x. A description of any sound amplification to be used.
xi. Proposed monitoring of the group, including the number of people
who will set up and clean up.
xii. Plan for compliance with the Americans with Disabilities Act and
Americans with Disabilities Act Accessibility Guidelines (ADAAG).
xiii. Other information as the city manager believes necessary to ensure
public access and safety.
2. Hold Harmless Agreement. For valet parking on city property or the publio
right -of -way the application must include an agreement pursuant to which the
applicant agrees to indemnify, defend and hold harmless the city and its agents,
officers and employees, from any and all claims, lawsuits, damages, losses and
expenses, of whatever nature, which may result from or arise from the provision
of valet parking covered by the permit, irrespective of whether said claims are
frivolous or meritorious.
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E. Standards for Issuance. The city manager must examine the application, and•--- -
must grant or deny said permit based upon the following standards:
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1. Interference with Privacy, Safety and Security: In light of the date and time- - Formatted: Space Before: 0 pt, After:
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.
0 pt
2. Size and Condition of Accommodations: Whether the proposed city
property or public right -of -way can accommodate the proposed use, based both
on size, location, and public safety.
3. Compatibility of Use: Whether the proposed valet parking is compatible.
with the normal activity of the city property or public right -of -way at the requested
time or date.
4. Demonstration of Means, Planning and Coordination: Whether the•.
application demonstrates the applicant has the means, planning and coordination
to perform the valet parking considering the time of day, location, public or
private facilities available, traffic control, parking requirements and any
monitoring required to protect the public health and safety.
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5. Timing of Event: Whether valet parking will interfere with another event or--.
valet parking operation for which a permit has already been granted.
6. Interruption of Vehicular or Pedestrian Traffic. Whether the proposed use `,
would substantially interrupt the flow of street and /or pedestrian traffic.
7. Excessive Diversion of Police: Whether the use would require the
excessive diversion of police from other duties, or substantially interfere with the ',
city's firefighting operations.
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pt
ti
F. Revocation Of Permit: 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
chapter. 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.
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CITY OF DUBUQUE
SPECIAL EVENTS WAIVER POLICY
The following criteria may be used by the City Manager to waive fees or
insurance /indemnity requirements as identified in Section 10 -4 -5 of the Code of
Ordinances. Waivers may only be considered for special events where a completed
special event application has been submitted to the city of Dubuque.
Permit Application Fee Waiver:
• Veteran's events: including memorial services, parades, and Federal or State
designated holidays. The event for veterans must be organized by a Veteran's
organization.
• Events that are identified as furthering the Safe Community Task Force
recommendations including such events as neighborhood gatherings,
neighborhood or community -wide cleanup.
• Vigils and parades for Federal or State designated holidays.
Permit Application Deposit Fee Waiver (non - alcoholic events only):
• Veteran's events: including memorial services, parades, and Federal or State
designated holidays. The event for veterans must be organized by a Veteran's
organization.
• Events that are identified as furthering the Safe Community Task Force
recommendations including such events as neighborhood gatherings,
neighborhood or community -wide cleanup.
Permit Application Insurance Waiver (non - alcoholic events only):
• Low - impact events: including events confined to a specific area and do not
encroach upon the travel portion of streets or sidewalks.
• Veteran's events: including memorial services, parades, and Federal or State
designated holidays. The event for veterans must be organized by a Veteran's
organization.
• Events that are identified as furthering the Safe Community Task Force
recommendations including such events as neighborhood gatherings,
neighborhood or community -wide cleanup.
Permit Application Indemnity Waiver (non - alcoholic events only):
• Low - impact events: including events confined to a specific area and do not
encroach upon the travel portion of streets or sidewalks.
• Veteran's events: including memorial services, parades, and Federal or State
designated holidays. The event for veterans must be organized by a Veteran's
organization.
• Events that are identified as furthering the Safe Community Task Force
recommendations including such events as neighborhood gatherings,
neighborhood or community -wide cleanup.
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended. (Motion B)
Vote — Then
I move final consideration and passage of the Ordinance. (Motion A)
If Motion B does not pass:
I move to receive and file the communications and I move first (second or third)
consideration of the Ordinance. (Motion A)