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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 Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 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). Formatted: Indent: Left: 1" 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 Formatted: Indent: Left: 0.5" •- - - 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. Formatted: Font: Not Bold ,/,-{ Formatted: Font: Not Bold 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. Formatted: Space Before: 0 pt, After: 0 pt Formatted: Font: Not Bold Formatted: Indent: Left: 0 ", Space Before: O pt, After: Opt Formatted: Font Not Bold Formatted: Font Not Bold 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. Formatted: Justified, Indent Left: 0 ", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Space Before: 0 pt, After: 0 pt 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. Formatted: Justified, Indent Left: 0 ", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Space Before: 0 pt, After: 0 pt Formatted: Justified, Indent: Left: 0 ", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Normal, Indent: Left: 0", Hanging: 0.5 ", Space Before: 0 pt, After: 0 pt, No bullets or numbering Formatted: Justified, Indent Left: 0 ", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Space Before: 0 pt, After: 0 pt Formatted: Justified, Indent: Left: 0.5", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Space Before: 0 pt, After: 0 pt Formatted: Justified, Indent Left: 1 ", First line: 0", Space Before: 0 pt, After: 0 pt, Numbered + Level: 3 + Numbering Style: i, + Start at 1 + Alignment Right + Aligned at: 2.08" + Indent at 2.21" 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. Formatted: Space Before: 0 pt, After: 0 pt Formatted: Justified, Indent Left: 0.5 ", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Space Before: 0 pt, After: 0 pt E. Standards for Issuance. The city manager must examine the application, and•--- - must grant or deny said permit based upon the following standards: Formatted: Justified, Indent Left: 0 ", First line: 0", Space Before: 0 pt, After: 0 pt 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. Formatted: Justified, Indent Left: 0.5 ", First line: e', Space Before: 0 pt, After: 0 pt Formatted: Normal, Space Before: 0 pt, After: 0 pt, No bullets or numbering Formatted: Justified, Indent Left: 0.5 ", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Normal, Space Before: 0 pt, After: 0 pt, No bullets or numbering Formatted: Justified, Indent Left: 0.5 ", First line: 0", Space Before: 0 pt, After: 0 pt 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. Formatted: Normal, Space Before: 0 pt, After: 0 pt, No bullets or numbering Formatted: Justified, Indent Left: 0.5", First line: 0", Space Before: 0 pt, After: 0 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. Formatted: Normal, Space Before: 0 pt, After: 0 pt, No bullets or numbering Formatted: Justified, Indent Left: 0.5", First line: 0", Space Before: 0 pt, After: 0 pt Formatted: Space Before: 0 pt, After: 0 pt Formatted: Justified, Indent Left: 0 ", First line: 0", Space Before: 0 pt, After: 0 pt 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)