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Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy_TabledAgreement and Permit Application THE CITY OF DUit3Ui Masterpiece on the Mississippi www.citvofdubuoue.org Updated March 2014 TABLE OF CONTENTS Introduction General Guidelines for Special Events Special Events on Public Right of Way Instructions for Special Event Permit Application Insurance Requirements City Department Contact Numbers City of Dubuque Parade Route Information and Map Special Event Permit Application Form Indemnity Agreement Site Plan Weather Plan Temporary Food Stand Application and Information 1 2 5 6 10 12 13 16 19 20 21 22 SPECIAL EVENT AGREEMENT AND PERMIT APPLICATION This booklet will help you complete the Special Event Permit Application. Fill out the application accurately and completely. The City of Dubuque takes pride in the quality and safety of the fairs, festivals, parades and other special events that are hosted each year in the City. The City of Dubuque must continue to assure that its residents and visitors are protected and, therefore, we ask for your cooperation in the process. It is the policy of the City of Dubuque not to discriminate on the basis of race, sex, color, national origin, religion, age, disability, sexual orientation, familial status or gender 11- identity. 11- A Special Event Permit is required by any group desiring to use any city property or 11 -public right-of-way unless these areas are governed by another permit or application process. Special Event Permits are also required for events held on private property 11- that impact the public right-of-way and are open to the public. 11- Note > Read the material in this booklet. > Complete and sign the application. > Complete and sign the indemnity agreement. > Complete the site and weather plans. > Submit the appropriate insurance requirements. 11- > Complete one food permit application for each of the vendors who will work the event (if 11- applicable). 11- Application Fees 1.- A permit fee in the amount of $50.00 is required as well as a damage deposit. Events with 11- food and/or beverage must provide a $300.00 deposit. Other events must provide a $50.00 11- deposit. IN- 11- The completed paperwork should be submitted at least sixty (60) days prior to the date of your 11- event. IN- 11- If the application is submitted less than thirty (30) days prior to the event date, the permit fee 11- will double to $100. 11- No fees will be charged for neighborhood block parties or gatherings on private property where 11- the event is closed to the public. IIP 1.1 Keep For Your Records 1. Ile After you remove and complete the application forms, keep this booklet as a reference to help you manage the event successfully and to plan your next event. [1] GENERAL GUIDELINES FOR SPECIAL EVENTS 1 NEIGHBORHOOD IMPACT Prior to issuing a permit, the City of Dubuque may contact, or may require the applicant to contact, affected neighborhood businesses or residents for input on the impact the event will have. This could necessitate the issuance of variances, or require changes in the event plan to prevent a negative impact on the neighborhood. When a permit is issued, the applicant may be responsible for notifying affected neighbors of the event type, date and time of the event, and of any partial street closures or parking restrictions in the event area. PERMITS AND LICENSES The applicant and vendors should obtain and maintain during the term of this agreement all necessary permits and licenses for the event. In addition to the event permit, other types of permits or licenses may be required and are subject to inspection and restriction. Types of possible permits/licenses may include: fireworks permit, alcohol (liquor) license, social and charitable gambling license, and temporary food establishment permits. SUPERVISION The applicant must provide sufficient and competent personnel to plan, implement and supervise other personnel and activities in addition to providing personnel to take proper care of the grounds and facilities. WEATHER PLAN The applicant must provide the City with a weather plan. An onsite contact person capable of making decisions related to postponing or canceling the event in case of severe weather is required to be at the event site. If the event is cancelled due to weather or any other unforeseen reason, there will be no refund of the special event permit fee. It is the responsibility of the event organizer to contact the appropriate media outlets if the event is cancelled. STATUTES AND ORDINANCES The applicant must agree to abide by all federal, state and municipal laws, rules and regulations. Smoking is not allowed on event grounds. CLEANUP/DAMAGE DEPOSIT The applicant is responsible for cleanup of the site. If the event is held on city property or public right-of-way, the applicant must provide a damage deposit. This deposit, or portions thereof, may be retained to cover additional cleanup costs, damage to public right-of-way, or loss or damage to city equipment. Damages exceeding the amount of the deposit will be billed directly to the event applicant. City staff will check the site after the event and if no damage is found, the damage deposit will be refunded. Events with food and/or beverage must provide a $300.00 deposit. Other events must provide a $50.00 deposit. [2] RECYCLING AND WASTE MANAGEMENT The applicant must provide waste and recycling receptacles to be located in the immediate area where food and beverages are to be sold. The applicant is responsible for the removal of all waste and recycling from the event area, including waste and recycling in existing City - owned receptacles in the area. Waste and recycling receptacles must be removed when full or on the next regular work day following the event. Other City -owned waste and recycling receptacles in the area, but not in the immediate vicinity of the food and beverage area, are not the responsibility of the applicant unless these waste and recycling receptacles are overflowing as a result of the event. All beverages must be served in paper or plastic containers that bear the recycling #1-5. Styrofoam cups, glass bottles and metal cans are prohibited. Special Event Recycling Units are required and available free of charge for community events through the Dubuque Metropolitan Area Solid Waste Agency (DMASWA). These units help reduce recyclable waste at community events. Bins are easy to assemble, have a capacity of 45 gallons and are able to withstand most winds. Please contact the DMASWA at (563)-589-4250 or visit the web site at www.dmaswa.orq. HEALTH DEPARTMENT Food and beverage vendors are subject to inspection and restriction by the City of Dubuque Health Services Department. Every food and beverage vendor must be licensed by the City and be inspected prior to selling food or beverages. Wastewater disposal must be designated on the site plan and provided for food and beverage vendors. Temporary food vendor applications shall be received at least 3 days prior to the event. Operation without a license is prohibited. PORTABLE TOILETS The City of Dubuque Health Services Department requires 2 portable toilets per 1000 people at non -alcohol events and 4 portable toilets per 1000 people at events where alcohol is served. These recommendations will vary based on the type and length of the event. The Health Services Department will review all applications and site plans and may require additional units or periodic servicing. SETUP The setup of tables, chairs, portable toilets, beverage and food stands, entertainment equipment, fencing, waste and recycling receptacles and all other necessary equipment must begin no earlier than the setup date(s)/time(s) as listed on the permit. Removal of all items and cleaning of the area must be completed no later than the take down date(s)/time(s) as listed on the permit PERIMETER CONTROL Perimeter control is required for the sale of alcoholic beverages during an event. The area where alcohol will be sold and consumed is permitted by the State and has specific boundaries. This area must be clearly defined from non -permitted areas. The applicant is responsible for marking and maintaining the perimeter and must ensure that no alcoholic beverages be removed from the area. Perimeter control must be done in a manner that does not damage the grounds if the event is on city property or public right-of-way. [3] FIRE CODE REQUIREMENTS The applicant is responsible for complying with all applicable fire codes. Food vendors using cooking appliances will be required to comply with regulations set forth in the Open Air Food Vendor Fire Safety Requirements. This information is available as part of the Temporary Food Stand Application included in this packet and is also available at the City Clerk's Office, the Health Services Department or by contacting the Fire Marshal's Office at (563)589-4160. The use of fireworks or pyrotechnics must be approved by the City Council and a separate permit must be issued prior to the event. Contact the Fire Department at (563)589-4160 to complete an application. Any fire safety concerns or questions should be brought to the Fire Marshal's Office prior to the event. Fire Marshals may make site inspections and add additional requirements for safety. TENTS/BANNERS Free standing tents are allowed on public right-of-way and city property. All canopies or tents must be staked or secured. Canopies or tents requiring stakes longer than 12" being driven into the ground are not allowed without advance permission from the City. Any damage caused by approved staked tents will be the responsibility of the applicant. Tents are subject to all Fire Code requirements including, but not limited to, exit lighting, fire extinguishers and egress requirements outlined in Chapter 24 of the International Fire Code. Banners can be hung across city streets for a special event only on closed streets where there is no vehicular traffic. Banners are not allowed to be hung across streets where vehicular traffic is allowed. TEMPORARY TRAFFIC CONTROL The applicant is responsible for providing any required or recommended temporary traffic control devices for the event. The applicant needs to contact a traffic control company to obtain the correct type of devices required for the event. Note: Signs advertising your event cannot be placed in the public right-of-way. VEHICLES ON CITY PROPERTY No vehicles may be driven on the Town Clock Plaza, River Walk, River's Edge Path & Amphitheater or onto non -roadway areas of City parks, except as authorized by the City Manager. TRAFFIC/PARKING MANAGEMENT Traffic and parking should be utilized in an unobstructed and non -disruptive manner. If the event requires parking meters to be bagged, the parking division will bag the meters 24 hours before the event. Please note that meter fees apply. Please contact the Parking Division at (563)589-4266 for more information regarding the use for meter bags. Street/building construction or planned construction, at or near the proposed site during dates which will impact the event, must be noted on the site drawing. Plans for accommodating construction must be incorporated in the event plans. ACCESSIBILITY Applicants should consider accessibility for persons with disabilities during the event. The attached brochure includes information on ways to make your event more accessible. [4] SPECIAL EVENTS ON PUBLIC RIGHT OF WAY The City of Dubuque has established a policy for special events on public right-of-way. The partial closing of a street has a definite impact on the adjacent property owners, businesses, residences and the general community due to the necessary changes in traffic circulation. These types of events also present a potential risk to the City of Dubuque. 1 As a result, the City of Dubuque has established the following policy to hold special events on public right-of-way that includes the following: > Must be a community event that is open to the public. > Event organizers must obtain signatures of approval from 75% of the business and property owners in the area adjacent to the event prior to issuance of a special event permit • No more than a two-day street closure will be permitted > Event organizers must meet all applicable local, state and federal requirements, including the requirements in the City's Special Event Permit Application > Any outstanding issues from prior events by the applicant must be resolved. • Events can only be held one time per year, unless otherwise approved by City Council. Exceptions to this policy may include parades and neighborhood block parties, which are local in nature and do not have the same community impact that other events have. In addition, this policy would not apply to events such as sidewalk sales, which are regulated elsewhere in the code. [5] INSTRUCTIONS FOR COMPLETING THE SPECIAL EVENT PERMIT APPLICATION 1. Event Applicant. Provide the name, address, phone number, city, state, and zip code of the individual or organization that will be responsible for holding this event. 2. Event Description. Check the appropriate box and describe your event. Certain events and booths may require additional permits. It is best to identify these early so all permits can be in place on the day of the event. 3. Event Location. Identify the location where the event will take place. If the area has no specific borders, give a detailed description. Please note: Run/Walk events that utilize City streets require a map of the route that will be used. 4. Event Date(s) and Time(s). Specify the date(s) and time(s) that the event will be held. If the times will be different on the various dates, be sure to note the time differences. If there is a conflict involving more than one group seeking an event during the same time and same location, the City of Dubuque will grant the first fully completed application. 5. Take Down Time(s). List what date and time the setup will begin and what date and time you expect takedown to be completed. 6. Rain date. Indicate an alternate date(s) in case of inclement weather or other reasons for cancellation. A weather plan for each event is required. (See page 21) 7. Parking and Traffic Plan. A parking and traffic plan must be submitted as part of your site plan with your application. Indicate where you intend patrons and vendors to park, whether it is on City streets, parking ramps, municipal lots or private lot parking. 8. Street Closure/Meter Bag. Indicate by checking "Yes" or "No" if a partial street closure is needed and the location of the street closure. The blocking of City streets requires the City's permission and has specific barricade requirements. (See page 4 for more information) Check "yes" if parking meters will need to be bagged. City parking meters run every day except Sundays & Holidays, which could affect where your patrons and vendors can park and their accessibility to the event. Arrangements can be made for use of the City's parking ramps and lots. For more information contact the City of Dubuque Parking Division at (563) 589-4266. The applicant must make parking arrangements in any private parking lots with the owner of the lot. 9. Size of Event. Estimate the number of people you believe will attend the event. Base your estimate on factors such as past experience, similar past events and the amount of advertising. The estimate of crowd size may affect other aspects of the permit process, such as the use of certain locations due to occupancy loads and need for restrooms. [6] 10. Event Contact Person(s). Name and phone number of person(s) who can be contacted about the event and who are readily accessible. This would also be the person contacted if details of the event change. 11. Emergency Weather Contact Person(s). Name and phone number of person(s) who can be contacted in regards to inclement weather conditions and who are readily accessible. Please provide a cell phone number, pager number or some other method of contacting this person at all times during the event. 12. On -Site Contact Person. Name and phone number of person(s) who will be on-site during the event. Please provide a cell phone number, pager number or some other method of contacting this person at all times during the event. This person is needed in case an emergency arises related to the event. 13. Portable Toilets. Indicate if portable toilets are needed and how many you intend to provide. (See page 3 of this booklet for formula to use.) Be sure to specify where the toilets will be located on the site plan. For multi -day events, arrange for the toilets to be serviced regularly; service may be required by the Health Department. 14. Types of Activities/Venues. Describe the types of activities at the event. Certain activities and venues require additional permits or City permission. 14a. Non -Food Vendors. Include a list of the names, addresses and phone numbers of all vendors, concessionaires, and arcades/rides so the City can determine the appropriate permits and inspection requirements. 14b. Food Vendors. List each food vendor name, address, and phone number that you expect will participate in your event. Review the section of this booklet related to food vendors to ensure that each vendor has a permit and complies with all Health Services and Fire Marshal requirements. (See pages 23-27) 14c. Tents. List all tents you intend to use. Indicate the size, type, and purpose of each tent. Specify their locations on the site plan and describe if they require stakes or can be erected by another method. Stakes longer than 12" being driven into the ground are not allowed without advance permission from the City. 15. List of Equipment Needing Utilities. Please list the equipment to be used and the utilities each piece will require. Specify whether you intend to use City of Dubuque power and water or self-contained sources such as generators and bottled water. If City utilities are to be used, connection and payment arrangements must be made with the appropriate City department. A licensed electrician is required by the City for any electrical hook up. 15a. Electrical Source. Indicate the location of the electrical source that will be used at the event area. Also indicate on the site plan where the electrical source is located. 15b. Water Source. Indicate the location of the water source that will be used at the event area. Also indicate on the site plan where the water source is located. [71 16. Alcoholic Beverages Served. If alcoholic beverages will be served, a state alcohol license must be obtained and displayed at the event. Application must be submitted on the Iowa Alcohol Beverage Division website at www.licensinqaiowaabd.com at least twenty (20) days prior to the event. The event applicant is responsible for verifying that alcoholic beverages stay within the permitted area and that persons under 21 years of age are prevented from being served. * Alcoholic Beverage License Obtained/Name the license is (or will be) applied under. Indicate by checking yes or no whether the alcoholic beverage license has been obtained through the Iowa Alcoholic Beverage Division (ABD) as well as indicating the name the license is (or will be) applied under. 17. Security Plans. Identify all public safety personnel (private security, police, EMS), which will be used, if any. The applicant is responsible for providing adequate security for the event as well as maintaining perimeter and site control. If a professional security company or law enforcement agency is used, please list the company name, contact person and phone number. The Dubuque Police and/or Fire Departments may require public safety personnel at the event (at the sponsor's expense) as a condition of the permit. Expenses incurred by the City as a result of calls for service to the event, above and beyond routine calls, will be billed to the event applicant. 17a. Have the Police been contacted about crowd or traffic control? The applicant is responsible for contacting the Police Department at 563-589-4415 to discuss and arrange for Auxiliary Police assistance, if needed, for the event. 18. Site Plan. The event applicant must provide the City with a detailed layout of the event, which shows the locations of all stages, tents, power and water sources, rides, food vendors, retail vendors, alcohol sales, portable toilets, blocked streets, proposed parking, and Fire Lane. This site plan must be completed and returned with the Special Event Permit Application (See page 20 for more details). Alcohol sales require a separate sketch, which must be completed and submitted to the City Clerk's Office. Please note: Certain vendors, such as food vendors, require hard surfaces on which to place their booths. Colored and decorative concrete must be protected from grease and other substance spillage so as not to stain or damage the surface. 19. Weather Plan. The event applicant must provide the City with a weather plan in the case of inclement weather. The emergency contact person should be capable of making decisions related to postponing or canceling the event in case of severe weather and have the means to make public announcements. The event applicant is to identify and list the shelter(s) available during the weather alert. Permission to use these sites as a shelter must be secured before the event. Keep in mind that it may take 15-30 minutes for the crowd to seek shelter. This weather plan must be completed and returned with the Special Event Permit Application (see page 21 for more details). 20. Indemnity Agreement**. The Indemnity Agreement must be signed and returned with the application. The event sponsor must indemnify and hold harmless the City of Dubuque, its agents, officers and employees from and against all claims for injury or damage to persons or property arising out of or caused by the use of City property. The event sponsor must sign and return the attached Indemnity Agreement before any permits will be issued. **Not required for events held on private property. [8] 21. ADA Compliant. The event and parking areas need to be accessible for persons with disabilities. The site plan should provide adequate pathways for patrons using wheelchairs. 22. Certificate of Liability Insurance**. The event applicant must procure and maintain in force during the event, a policy of liability insurance and, if required, Dram Shop Liability Insurance (alcoholic beverages served). All insurance policies shall name the City of Dubuque as additional insured. See pages 10 and 11 for insurance requirements. **Not required for events held on private property. 23. Permit fee. A permit fee of $50.00 is required when submitting the special event permit application. Completed paperwork should be submitted at least sixty (60) days prior to the date of the event. If an application is submitted within 30 days or closer to the event, the fee will double to $100.00. 24. Damage Deposit. Events that are held on City property or public right-of-way are required to submit a damage deposit. Events with food and/or beverage must provide a $300.00 deposit. Other events require a$50.00 damage deposit. The damage deposit will be refunded if the event area is free of damage when checked by City crew after the event. 25. Temporary Food Vendor. Temporary food establishment permits are required for each vendor at an event where food and/or beverage is being served. (See pages 23-27) [91 „� , 4 CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR SPECIAL EVENTS 1. Insurance Schedule D shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to effective date of permit. Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent. 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. All required endorsements to various policies shall be attached to Certificate of insurance. 6. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 7. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. [10] Insurance Schedule D (continued) Exhibit 1 A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include endorsement indicating that coverage is primary and non-contributory. c) Include an endorsement that deletes any fellow employee exclusion. d) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) LIQUOR LIABILITY $1,000,000 (only if alcoholic beverages served) UES TIONS? CITY DEPARTMENTCITY CONTACT NUMBERS City Clerk (applications, permits) City Manager's Office (correspondence) 589-4122 589-4110 Engineering (street closures, signs, new construction) 589-4270 Fire Department (hazmat, fire safety, EMS) 589-4160 Health Services (food/beverage service, waste, noise variances) 589-4181 Leisure Service (use of City parks/property) 589-4263 Parking Division (meters, ramps, etc.) 589-4266 Planning (signage and GIS maps) 589-4210 Police Department (traffic control, security) 589-4415 Public Works (street repairs) 589-4250 Recycling Division (recycling information & containers) 589-4250 Transit Division (bus routes and stops) 589-4196 Water Department (hookups, waste) 589-4291 [12] City of Dubuque Parade Route N N F N 4474 ,43 1 4.4 t F > t n TL an 3 w 3 IOWA ST 3 IOWA ST IOWA ST IOWA ST Parade Start X Jackson Park olinser '71 A e1v Pt g 3 CORNELL ST a 3 LoCUsT 5T F WHITEST 6 CENTRAL AVE 3 3 3 NEFF ST GROVE TERRACE wiGHLANO PL F. 3 3 Loastst O Ramp GROVE TERRACE F- N iN W AUCE ST 3 4' W CLOCK FLACK Para Flt ()pa, 3 LOCUST STY1+ Parade Finish Cyr. ar 3 Washington Park Suwon ewrr dr II noir aaarr.v..sawhK ;;;;;iii • Parades starlet Jacbm park and head south along Main Street to W9th Street 1 • The routethen tams east oMoW 9th Street. and (Ulcers W9th Street to byre Street. •The routethen turns south on byre Street in the south -bond lane, and owslo a Streetto W Sth Street. •The routethen toms west onto W Sth Street and follows W Rh Street to Locust Street. 'The route then turns north on Locust Street and follows Locust Street to the parade route terminus at Washington Park. 'Street close res and baooed meters ane onlyab wed for Memorial fay, Labs Lay. and Halloween parades. However. security for traffic control is still required for n8 par [13] FN Mash row Akematwe routes parade dot net irchrde large vehicles EVERYTHING YOU NEED TO KNOW TO CONDUCT A PARADE 1 Street closures and meter bags are only allowed for the Memorial Day Parade, Labor Day Parade and Halloween Parade. The City Manager has the authority to allow street closures for other parades based upon the nature of the event. Temporary traffic control devices (barricades, cones) for street closures need to be placed at the various intersections along the route and should be in place fifteen minutes prior to the scheduled start time of the parade and must be removed immediately upon completion of the parade. Security for traffic control is required for all parades. Each parade entrant needs to provide Block Monitors who are responsible for seeing that parade spectators stay out of the traveled portion of the street during the parade. Please refer to the enclosed section on block monitors for additional information. These rules are to be made available to each monitor. Candy should be passed out or handed directly to viewers while walking along the curb side of the street. See the enclosed section entitled Distribution of Candy for additional information. TRAFFIC CONTROL THE CITY WILL BE RESPONSIBLE FOR: NORMAL PARADE ROUTE • Iowa Street will be closed to traffic between Fifth Street and Ninth Street. Citizens may use the median area to view the parade. > Westbound traffic will be blocked on Seventh Street west of Central Avenue > Westbound traffic will be blocked on Fifth Street between Central and Locust > Northbound traffic will be blocked on Iowa Street from Fourth to Ninth Streets > Eastbound traffic will be allowed to exit the Iowa Street parking ramp at Seventh until the start of the parade • One lane of traffic will be allowed to move northbound from McDonald's Iowa St. exit to Seventh and Iowa Streets and then diverted eastbound on Seventh. ALTERNATIVE PARADE ROUTE • Traffic control for alternative parade routes or locations must be discussed individually with the Police, Engineering, and Public Works Departments. [ 14] WHAT YOU NEED TO KNOW TO BE A BLOCK MONITOR 1 THE BLOCK MONITORS WILL BE RESPONSIBLE FOR: • Wearing a vest so that they are easily identifiable. > Reporting to his/her assigned block at least five minutes prior to the beginning of the parade. There should be one block monitor per block. ➢ Ensuring the parade spectators stay on the sidewalk and out of the traveled portion of the street. > Reminding parade participants that no candy is to be thrown towards the spectators, but rather handed out along the curb line. • Reporting any inappropriate behavior by parade participants or parade spectators to the nearest Auxiliary Police member. DISTRIBUTION OF CANDY > Each parade entrant should designate who is to distribute candy along the parade route. > The designated parade participants should walk along the curb line of the parade route and hand candy directly to spectators. NO CANDY IS TO BE TOSSED TOWARD THE LINE OF SPECTATORS. > Any parade participant observed not complying with this policy shall be asked to leave the parade line-up. [15] SPECIAL EVENT PERMIT APPLICATION FORM EVENT NAME 1. EVENT APPLICANT ADDRESS CITY PHONE STATE ZIP CODE 2. EVENT DESCRIPTION: Check the appropriate box and describe your event. Parade Festival Describe event: Block Party Walk/Run Fund Raiser Other 3. EVENT LOCATION 4. EVENT DATE EVENT START TIME EVENT END TIME 5. SET UP DATE&TIME 6. RAIN DATE & TIME TAKE DOWN DATE & TIME 7. PARKING AND TRAFFIC PLAN 8. PARTIAL STREET CLOSURE METER BAG YES YES NO LOCATION(S) NO LOCATION(S) 9. SIZE OF EVENT (estimated number of people on-site at one time) ( ) 24 or less ( ) 25 - 100 ( ) 101 - 250 ( ) 251 — 500 ( ) 501 - 1000 ( ) 1001 - 1500 ( ) 1501 — 2000 ( ) 2001 — 5000 ( ) 5001 — 7500 ( ( ) 7501 — 10,000 10,001 or more 10. EVENT CONTACT PERSON(S): 11. EMERGENCY WEATHER CONTACT PERSON(S): 12. ON-SITE CONTACT PERSON(s): PHONE PHONE PHONE PHONE PHONE PHONE 13. PORTABLE TOILETS NEEDED YES NO NUMBER OF TOILETS LOCATION(S) OF TOILETS (Please indicate on site plan) 14. TYPES OF ACTIVITIES/VENUES 14a. NON-FOOD VENDORS, CONCESSIONAIRES, RIDES (name, address, phone for each) 14b. FOOD VENDORS (name, address, phone for each) 14c. TENTS (size, type, and purpose of each tent. Please indicate on the site plan) 15. LIST OF EQUIPMENT NEEDING UTILITIES 15a. ELECTRICAL SOURCE 15b. WATER SOURCE LOCATION LOCATION NOTE: ELECTRICAL SOURCE MUST MEET THE NEEDS OF THE EQUIPMENT TO BE USED. [ 17] 16. ALCOHOLIC BEVERAGES SERVED ALCOHOLIC BEVERAGE LICENSE OBTAINED? YES NO NAME LICENSE IS (OR WILL BE) APPLIED UNDER 17. SECURITY PLANS 17A. HAVE THE POLICE BEEN CONTACTED ABOUT CROWD OR TRAFFIC CONTROL? (563-589-4415) 18. SITE PLAN ATTACHED? 19. WEATHER PLAN ATTACHED? 20. INDEMNITY AGREEMENT SIGNED AND ATTACHED?* 21. ADA COMPLIANT? (see page 8 & brochure) 22. INSURANCE CERTIFICATE ATTACHED?* 23. PERMIT FEE INCLUDED? ($50.00) 24. DAMAGE DEPOSIT INCLUDED (AMOUNT $ Events with food and/or beverage = $300.00 Other events = $50.00 25. TEMPORARY FOOD VENDOR FEE (if applicable) * Not required for events held on private property. YES NO YES NO YES NO YES NO YES NO YES n NO YES NO YES NO YES n NO 1 have read this Special Event Agreement and Permit Application booklet and have accurately and truthfully completed the application to the best of my knowledge. 1 agree that 1 will obtain any other permits necessary and will follow the guidelines and requirements set forth in the booklet. Signature [18] Date INDEMNITY AGREEMENT In consideration for the granting of permission by the City of Dubuque, Iowa to the undersigned for the use of the following described property: For the following purpose only: On the following date(s): The undersigned agrees to defend, indemnify and hold harmless the City of Dubuque, its agents, officers and employees, from and against any and all claims for injury or damages to persons or property arising out of or caused by the use of such property. The undersigned further agrees upon receipt of notice from the City of Dubuque to defend at its own expense the City of Dubuque, its agents, officers and employees from any action or proceeding against the City of Dubuque, its agents, officers or employees arising out of or caused by the use of such property. The undersigned agrees that a judgment obtained in any such action or proceeding shall be conclusive in any action by the City, its agents, officers or employees against the undersigned, when so notified as to the undersigned's cause of the injury or damage, as to the liability of the City, its agents, officers and employees to the plaintiff in the first named action, and as to the amount of the damage or injury. The City of Dubuque, its agents, officers and employees may maintain an action against the undersigned to recover the amount of the judgment together with all the expenses incurred by the City, its agents, officers and employees in the action. I HAVE READ THIS INDEMNITY AGREEMENT, I UNDERSTAND THE EFFECT OF THIS INDEMNITY AGREEMENT, I AM AUTHORIZED TO SIGN THIS INDEMNITY AGREEMENT, AND I AM SIGNING THIS INDEMNITY AGREEMENT VOLUNTARILY. Dated this day of 20 By: Title: [19] SITE PLAN Please attach a site map here. (Aerial maps are recommended such as those obtained from www.qooqleearth.com and www.mapquest.com). Please include a detailed layout of the event, which shows the precise locations of all of the following: • Stages > Tents > Power and water sources • Rides • Food vendors > Retail vendors > Alcohol sales • Portable toilets • Temporary traffic control devices (barricades, cones, etc.) > Proposed parking > Fire vehicle and residential traffic access Please note: Run/Walk (road races) events require a detailed map indicating the route to be taken during the event. This map should include the location of where safety personnel will be stationed during the event, the location of temporary traffic control devices (if applicable) and any item(s) on the above list that apply.. [20] WEATHER PLAN 1. How will you learn about inclement weather conditions? Examples include: National Oceanic Atmospheric Administration (NOAA) weather radio or other weather monitoring device(s). Cell phone notification to on-site contact person(s). 2. Who is responsible for getting the word out to attendees regarding inclement weather conditions and how will they do it? **Please notify Emergency Services personnel at 589-4415. 3. Where will your attendees seek shelter and has permission been granted for the space(s)? Indicate Safety Shelter Plan to be used. Attach map of locations and disbursement routes if necessary. 4. Alternative rain date and/or contingent weather plan: (Cancellation of event, rescheduling, rain delay, etc.) 5. Other related information: [21] City of Dubuque Health Services Department 1300 Main Street, City Hall Annex Dubuque IA 52001-4732 (563) 589-4181 THE CITY OF DUB Masterpiece on the Mississippi Dubuque GI 1IIII' 2007 TEMPORARY FOOD STAND APPLICATION FEE - $33.50 NAME OF EVENT & LOCATION: TIME OF EVENT: DATE(S) OF EVENT: FOOD VENDOR OR ORGANIZATION NAME: CONTACT PERSON: MAILING ADDRESS: CITYISTATEIZIP: TELEPHONE #: PERSON IN CHARGE OF STAND: NOTE: All food stands that are not in a trailer must be located on concrete, asphalt, or provide sheets of plywood to cover area under the stand. Also overhead protection must be provided. DATE OF APPLICATION: SIGNATURE DESCRIPTION OF STAND/UNIT Trailer ❑ Truck ❑ Pushcart ❑ Other ❑ SIDES & TOP CONSTRUCTION: Canvas ❑ Wood ❑ Metal ❑ Other ❑ ARE THE SIDES FULLY ENCLOSED: Yes ❑ No ❑ IF YES, WITH: Glass ❑ Screen❑ NUMBER OF OPENINGS OR TABLES: COUNTER OPENING SIZE: RUNNING WATER: Yes ❑ No ❑ Hot ❑ Cold ❑ Equip. Sink ❑ Hand Sink❑ COLD STORAGE: Refrigerator ❑ Freezer ❑ Cooler(s) ❑ COMMENTS: FOOD DESCRIPTIONS Type of food to be served: List of foods: Ware washing shall be done at a licensed establishment or provided at temporary events. All wares shall be washed according to the 2005 FDA Food Code. STOP....DO NOT FILL OUT BACK [22] ***FOR HEALTH DEPT. STAFF USE ONLY:*** ENVIRONMENTAL SANITARIAN INSPECTION REPORT: YES NO 1. Is the stand properly constructed; can it be easily cleaned 2. Is the stand (including all equipment) clean? 3. Is lighting adequate, shielded, and non -breakable? 4. Is three -compartment utensil washing facility included? 5. Is a hand washing facility provided, including soap and paper towels? 6. Is potable water supplied, under pressure, to sinks? 7. Is a water heater (gas or electric) in use? 8. Is wastewater properly disposed of? 9. Are trash receptacles provided and clean? 10. Are windows/screens provided and in place for fly/insect control, if needed? 11. Are workers wearing clean clothes and proper hair restraints? 12. Are all foods purchased from approved sources? 13. Are foods stored at safe temperatures (above 140°F) or (below 41 °F)? 14. Are all foods, supplies, utensils protected from insects, dust, rain, or other contamination? 15. Are food cooking/heating units adequate and capable of rapidly heating/ cooking food? 16. Are proper ice/food serving utensils used/stored? 17. Are only the approved type foods prepared or sold? 18. Are all toxic items (cleaning compounds, insecticides, etc.) stored and use( properly 19. Is smoking restricted to outside of stand? 20. Is the area around concession stand clean, dry, and dustless? FEE: $33.50 PAID ❑ FEE EXEMPT ❑ This application has been reviewed and is: APPROVED ❑ DISAPPROVED ❑ SIGNATURE: [23] DATE: 481-31.12(137F) Temporary food establishments and farmers market potentially hazardous food licensees. 31.12(1) Personnel. a. Employees shall keep their hands and exposed portions of their arms clean. b. Employees shall have clean garments, aprons and effective hair restraints. Smoking, eating or drinking in food booths is not allowed. All nonworking, unauthorized persons are to be kept out of the food booth. c. All employees, including volunteers, shall be under the direction of the person in charge. The person in charge shall ensure that the workers are effectively cleaning their hands, that potentially hazardous food is adequately cooked, held or cooled, and that all multiuse equipment or utensils are adequately washed, rinsed and sanitized. d. Employees and volunteers shall not work at a temporary food establishment or farmers market potentially hazardous food establishment licensees if the employees and volunteers have open cuts, sores or communicable diseases. The person in charge shall take appropriate action to ensure that employees and volunteers who have a disease or medical condition transmissible by food are excluded from the food operation. e. Every employee and volunteer must sign a logbook with the employee's or volunteer's name, address, telephone number and the date and hours worked. The logbook must be maintained for 30 days by the person in charge and be made available to the department upon request. 31.12(2) Food handling and service. a. Dry storage. All food, equipment, utensils and single -service items shall be stored off the ground and above the floor on pallets, tables or shelving. b. Cold storage. Refrigeration units shall be provided to keep potentially hazardous foods at 41 °F or below. The inspector may approve an effectively insulated, hard -sided container with sufficient coolant for storage of less hazardous food or the use of such a container at events of short duration if the container maintains the temperature at 41 °F or below. c. Hot storage. Hot food storage units shall be used to keep potentially hazardous food at 135°F or above. Electrical equipment is required for hot holding, unless the use of propane stoves and grills capable of holding the temperature at 135°F or above is approved by the department. Sterno cans are allowed for hot holding if adequate temperatures can be maintained. Steam tables or other hot holding devices are not allowed to heat foods and are to be used only for hot holding after foods have been adequately cooked. d. Cooking temperatures. As specified in the following chart, the minimum cooking temperatures for food products are: 165°F ➢ ➢ ➢ Poultry and game animals that are not commercially raised Products stuffed or in a stuffing that contains fish, meat, pasta, poultry or ratite All products cooked in a microwave oven 155°F ➢ ➢ ➢ Rabbits, ratite and game meats that are commercially raised Ground or comminuted (such as hamburgers) meat/fish products Raw shell eggs not prepared for immediate consumption 145°F ➢ ➢ Pork and raw shell eggs prepared for immediate consumption Fish and other meat products not requiring a 155°F or 165°F cooking temperature as listed above e. Consumeradvisory requirement. If raw or undercooked animal food such as beef, eggs, fish, Iamb, poultry or shellfish is offered in ready -to -eat form, the license holder (person in charge) shall post the consumer adv sory as required by the food code. f. Thermometers. Each refrigeration unit shall have a numerically scaled thermometer to measure the air temperature of the unit accurately. A metal stem thermometer shall be provided where necessary to check the internal temperature of both hot and cold food. Thermometers must be accurate and have a range from 0°F to 220°F. g. Food display. Foods on display must be covered. The public is not allowed to serve itself from opened containers of food or uncovered food items. Condiments such as ketchup, mustard, coffee creamer and sugar shall be served in individual packets or from squeeze containers or pump bottles. Milk shall be dispensed from the original container or from an approved dispenser. All fruits and vegetables must be [24] washed before being used or sold. Food must be stored at least six inches off the ground. All cooking and serving areas shall be adequately protected from contamination. Barbeque areas shall be roped off or otherwise protected from the public. All food shall be protected from customer handling, coughing or sneezing by wrapping, sneeze guards or other effective means. h. Food preparation. Unless otherwise approved by a variance from the department, no bare hand contact of ready -to -eat food shall occur. i. Approved food source. All food supplies shall come from a commercial manufacturer or an approved source. The use of food in hermetically sealed containers that is not prepared in an approved food processing plant is prohibited. Transport vehicles used to supply food products are subject to inspection and shall protect food from physical, chemical and microbial contamination. j. Leftovers. Hot -held foods that are not used by the end of the day must be discarded. 31.12(3) Utensil storage and ware washing. a. Single -service utensils. The use of single -service plates, cups and tableware is required. b. Dishwashing. If approved, an adequate means to heat the water and a minimum of three basins large enough for complete immersion of the utensils are required to wash, rinse and sanitize utensils or food -contact equipment. c. Sanitizers. Chlorine bleach or another approved sanitizer shall be provided for ware washing sanitization and wiping cloths. An appropriate test kit shall be provided to check the concentration of the sanitizer used. The person in charge shall demonstrate knowledge in the determination of the correct concentration of sanitizer to be used. d. Wiping cloths. Wiping cloths shall be stored in a clean, 100 ppm chlorine sanitizer solution or equivalent. Sanitizing solution shall be changed as needed to maintain the solution in a clean condition. 31.12(4) Water. a. Water supply. An adequate supply of clean water shall be provided from an approved source. Water storage units and hoses shall be food grade and approved for use in storage of water. If not permanently attached, hoses used to convey drinking water shall be clearly and indelibly identified as to their use. Water supply systems shall be protected against backflow or contamination of the water supply. Backflow prevention devices, if required, shall be maintained and adequate for their intended purpose. b. Wastewaterdisposal. Wastewater shall be disposed of in an approved wastewater disposal system sized, constructed, maintained and operated according to law. 31.12(5) Premises. a. Hand -washing container. An insulated container with at least a two -gallon capacity with a spigot, basin, soap and dispensed paper towels shall be provided for hand washing. The container shall be filled with hot water. b. Floors, walls and ceilings. If required, walls and ceilings shall be of tight design and weather -resistant materials to protect against the elements and flying insects. If required, floors shall be constructed of tight wood, asphalt, rubber or plastic matting or other cleanable material to control dust or mud. c. Lighting. Adequate lighting shall be provided. Lights above exposed food preparation areas shall be shielded. d. Food preparation surfaces. All food preparation or food contact surfaces shall be of a safe design, smooth, easily cleanable and durable. e. Garbage containers. An adequate number of cleanable containers with tight -fitting covers shall be provided both inside and outside the establishment. f. Toilet rooms. An adequate number of approved toilet and hand -washing facilities shall be provided at each event. g. Clothing. Personal clothing and belongings shall be stored at a designated place in the establishment, adequately separated from food preparation, food service and dishwashing areas. These rules are intended to implement Iowa Code section 137F.7. [25] Temporary Food Stand Hand Washing Set-up Guidelines Hand washing 1. An accessible and functional hand washing facility with hot water shall be provided within the perimeter of any business involved in the sale of food. If only pre-packaged food products are sold, hand washing facilities are not required. 2. Hand washing facilities shall not be used for the cleaning of equipment, storage of wiping cloths, or the disposal of liquid waste. 3. All food products, cooking equipment, and serving utensils shall be protected from any splash or spillage involved in the washing of hands. 4. Disposable paper towels shall be provided with each hand washing facility and will be properly disposed of after being used. 5. Any of the following set-ups can be used as a hand washing facility: ➢ Portable commercial hand sinks that produce water flow within 10 seconds of activating a hand pump or opening a dispensing valve. Soap from a sanitary dispenser shall be provided. ➢ Minimum of 2-5 gallons of potable water will be maintained in a container capable of dispensing water through a valve. This valve shall enable a constant flow of water when opened. The waste water shall be collected and disposed of to a sanitary sewer. Soap from a sanitary dispenser shall be provided. 6. An accessible and functioning commercial hand sink will accompany any toilet utilized by food handlers. Soap from a sanitary dispenser and disposable single -use towels shall be provided. The sink shall be used for hand washing only. Hand washing facilities shall be checked regularly for adequate soap, towels, and water. [26] Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manager SUBJECT: Special Event Permit Process DATE: January 6, 2012 Dubuque bierd All -America City 1 2007 Introduction The purpose of this memorandum is to recommend changes to the existing special event permit process used by the city of Dubuque. Background Attached is the city of Dubuque Special Event Permit application. This application has been used for over 10 years for events held on public right of way or for large events held on private property that have a significant impact to the general public. On average the city reviews over 100+ applications each year for events ranging from neighborhood block parties to parades to community festivals. The most significant review happens for the 15+ major community events that are held in Downtown and the Port of Dubuque. These applications are processed through the City Clerk's Office and reviewed by a special event permit review committee consisting of representatives from Dubuque Main Street and the following city departments: City Manager, City Clerk, Police, Fire, Health, Parking, Public Works, Engineering, Emergency Communications, Leisure Services and Parking. Depending on the nature of the event, the permit is also shared with the Dubuque County Sherriff and Dubuque Area Convention and Visitors Bureau for information purposes only. During the review staff look to make sure the event organizers have carefully and thoughtfully planned for their event. Our review looks at parking and traffic management, fire safety, weather plans, food sales, recycling and refuse to name a few. City staff provides technical expertise to organizers to hold a safe event. While the application process is open year-round, the major festival season runs from late April to October 31st each year. Discussion Following the end of the 2011 special event season, the Special Event Permit committee met to discuss issues regarding 2011 events and to suggest changes to the existing permit process. The most notable areas of concerns for the committee identified were as follows: • "Late or Last-minute" applications being submitted or submitted well after the required 60 -day requirement for initial submittal; • Event operations including: Food Vendor applications, waste and recycling management; • Use of Public Right of Way for events by for profit entities; and • Exemptions from the permit process. After much discussion the Special Event Permit Committee is recommending the following changes to the Special Event Permit Application process to try and alleviate the above concerns. Recommendation #1 The committee is recommending that the current application fee of $25 be increased to $50 and that this fee be doubled if a special event application is submitted within 30 days of a planned event. In addition, in response to suggestions raised by the Safe Community Task Force, the committee is recommending that the fee no longer be required for neighborhood block parties. Recommendation #2 The current food permit fee is $33.50 and the conditions are prescribed by State Law. This fee is waived for food vendors at Parish Festivals and for non -profits (depending on certain criteria). In order to discourage last minute submittal of food vendor applications and to allow sufficient time to plan for food inspections at community events, the committee is recommending that this fee double if the food vendor application is submitted within 7 days of an event. Recommendation #3 The existing application process required a deposit of either $50 or $300 depending on the event and if there is food or beverage involved. This deposit is returned following an event. However, the city can hold back a portion of the deposit if there is damage to public right of way or if additional cleaning of an area must be done by the city following an event. The committee is recommending that this definition be expanded to include if there is any damage to or loss of city equipment. Recommendation #4 The original intent of the special event application process was to accommodate requests for use of public right of way for community festivals, primarily in the downtown area. No rent is charge for the use of public right of way. In recent years concerns have been raised that events are being held on public right of way by private, for profit entities who donate a portion (but not all) of the proceeds to charity. The committee is recommending that if this continues to be allowed, a rental rate should be considered and paid by for-profit entities using public right of way/space for events. An alternative to this recommendation could be that the for-profit organizers rent is reduced as the percentage of proceeds to local charities increases. Recommendation #5 When the special event permit application process was established parish festivals and motorized rides or runs were exempted. City staff involved with the process at the time was unable to find documentation justifying this exemption. In 2011 the city experienced several motorcycle runs that impacted traffic management and safety. In addition, a local church festival experienced a fire that had the potential to become a significant incident. Both of these situations raised the concerns that these events have an impact on public safety and should be required to submit a special event permit. Recognizing that this is a new requirement for these events, the committee is recommending that for the first year only, the special event permit fees be waived for these previously exempted properties/events. As part of these recommendations, city staff is proposing to host a special event permit training/meeting to review the permit application process and go over the changes once they have been approved by City Council. City staff from each of the department will be in attendance to give tips in their area of expertise and to answer specific questions by organizers. It is our recommendation that this meeting be a requirement for permits for the large community festivals that occur in Downtown, the Port of Dubuque and AY McDonald Park. The committee is proposing to hold this meeting in March 2012 prior to the 2012 Festival Season. To do so would require approval of these recommendations at a City Council meeting in February. Recommendation City staff is recommending City Council approval of the five recommendations described above. Cc: Special Event Permit Committee October 31, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Parade and Assembly Permits Based on a recent opinion by the United States Court of Appeals, Corporation Counsel Barry Lindahl is recommending an amendment to the Parade and Assembly Permits Ordinance that excludes small groups (under 25 people) from obtaining a public assembly permit. concur with the recommendation 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 BARRY A. LINDAHL, ESQ. CORPORATION COUNSEL, CITY OF DUBUQUE MEMO To: DATE: RE: Mike: Michael C. Van Milligen City Manager October 31, 2005 Parade and Assembly Permits A recent opinion by the United States Court of Appeals for the Fourth Circuit involving the City of Charleston parade and assembly permit ordinance, which is similar to Dubuque's, held that the ordinance was not enforceable against "small groups". In that case, there were 15 individuals who were "standing on a public sidewalk in the City, holding signs, praying, sharing their religious beliefs, and handing out pamphlets that advocated alternatives to abortion." They were informed by the police that they were in violation of the city ordinance. They then filed a lawsuit against the city challenging the ordinance. Our own United States Court of Appeals for the Eighth Circuit, in a 1996 case involving the City of Clive permit ordinance said in the opinion that the Court was "concerned about the application of the permit requirement to groups of ten or more persons. We entertain doubt whether applying the permit requirement to such a small group is sufficiently tied to the City's interest in protecting the safety and convenience of citizens who use the public sidewalks and streets." These cases suggest that our own ordinance is probably not enforceable against "small groups". We may want to consider amending the ordinance to provide an exception for "small groups". Assistant City Manager Cindy Steinhauser, Police Chief Kim Wadding, Permit Clerk Sue Winter and I met recently to review the types of permit requests and determine the number of people who we believe constitute a "small group". Based upon our discussion, we are recommending that permits be required for groups of 25 or more individuals. This is based in part upon police department resources during a normal shift and the ability to handle an incident without calling in additional off-duty officers. SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563)583-1040/ EMAIL balesq©cityofdubuque.org We also recommend that any event, including marches, rallies, and parades, that involves the use of a street and creates the potential for pedestrians and vehicles to interact should be required to fill out a special event permit regardless of the number of participants. cc: Cindy Steinhauser, Assistant City Manager SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org Preparers Barry A. Linndahi, Esq. Add ,,_ - : Suite 330 Ha r View Place 300 Main Dubuque. IA 52001-6 .. Telephone: 563 3-4113 ORDINANCE NO. 61-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 33-21 PARADE, ASSEMBLY PERMIT REQUIRED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. tion 33-21 of the City of Dubuque Code of Ordinances is amended to read as folio : Sec. 33-21. Parade, Assembly Pe it Required: Before any group of persons shall collect or gather together or parade or march upon the s is of the city, or before any group of 25 or more persons shall collect or gather together or parade or march upon the sidewalks of the city, they shall first obtain a permit from the city manager, which permit, when issued, shall be without charge, and shall state the time, manner and conditions of such march, parade or assembly. Section 2. This amendment shall take e t upon publication. Passed, approved and adopted this 7th Attest: Jeanne F. Schneider, City Clerk F:%USERSItstecklelLIndahllOrdlnancospara� emnttsJ3l.doc day of November , 2005. Te rance M. Duggan or Effect of Amendment Sec. 33-21. Parade, Assembly Permit Required: Before any group of persons shall collect or gather together or parade or march upon the streets of the city, or before any group of 25 or more persons shall _ _ - -{ Deleted: B collect or gather together or parade or march upon the Sidewalks of the city, they _ - -( Deleted: streets or public places shall first obtain a permit from the city manager, which permit, when issued, shall be without charge, and shall state the time, manner and conditions of such march, parade or assembly. Special Events • Covered under city of Dubuque Code of Ordinances Title 10-4-1: Parades, Assemblies, and Other Special Events; Permit Requirements • Areas covered by ordinance include: size of gatherings, application process, hold harmless, standards for issuance or denial, revocation, fees and permit application • Special events held year-round but peak season is April to November • Annual training held in partnership with Dubuque Main Street 2013 Special Events by Category Business Event (9) Parade (io) Other (6) Vehicle Show (5) Rally/Ceremony/Vigil (7) Neighborhood Event (8) Fundraiser (12) Run/Bike/Walk Event (36) Community Event (20) Festival (16) 112 sluana 6uisieapunj A}iunwwop apnpui noAIi %FL JO saseaaDui aaqu,inu siyl -Tuana Aliunu,iu,iw }o ads(} aWos JO sienp.sai.'una/slienn'sapeaed aaaM (%+79) asay}}o zg . anbngn4 jo Alp aye Aq panssi 73;„ : sliu.aaad luana lepads 6z1 FI _> jo le�o�. e aaaM Eioz 1,11 AJo6alej Aq SI.UAa IepdS Eioz Special Event Permit Process Agreement and Permit Application UPLLtdhI h201f THHQPYOC Yuri Masterpiece on the Mississippi wn w.ciIvol'd n I nIa ue.o rr • Apply at City Clerks Office minimum 6o -days before event • Review application process with organizer • Factors that determine type of permit: open to public, size of event, location (public or private property) • Current policy for Courtesy permit vs. Regular permit Special Event Permit Process • Courtesy Permit: Applicant provides day, time and brief description of event. No fees are charged, no insurance or indemnity required • Regular permit: Applicant completes the entire special event permit application form. All standard fees, insurance and indemnity requirements apply • The city continues to field requests to waive fees and requirements Special Event Permit Process • Currently allow courtesy permits for certain neighborhood events • All other events regular special event permit • Completed application distributed to the Special Events Committee for review and input • Department issues are resolved with organizer prior to issuing a permit Special Event Permits • In 2004/2005 saw an increase in organized gatherings on public right of way • Citizen complaints regarding blocking access to streets and sidewalks • 2005 established practice to require "courtesy permit" for gatherings of 25 or more persons based upon first amendment case law Special Event Permits • During 2011 several organized motorcycle rides that impacted traffic management and safety • A local festival held on private property experienced a fire that had the potential to become a significant incident • Impact on public safety • Unable to determine why these events were previously exempted • In February 2012 City Council approved staff recommendation to require motorcycle ride/runs and local church festivals complete a special event permit application • City Council agreed to waive the fee for the first year for these events • In March 2012 special event permit application training sessions were held Proposed Changes — 24 or Less • Adds specific language for groups of 24 or less • NO PERMIT REQUIRED for 24 or less • Must comply with will all other applicable city codes • Optional courtesy permit • Courtesy permit will only include information on day, time, location and nature of event • No fees, insurance or indemnity required Proposed Changes — 25 or More, public property • Existing language currently requires permit for any gathering of 25 or more on streets or public places • Code revision, language is modified to read: • City property • Public rights-of-way • Include events open to the public in city parks Proposed Changes —Private Property • NO PERMIT REQUIRED, unless • Substantial impact on public health or safety or the peace and quiet of a neighborhood by reason of the number of person attending such event, the use of outdoor music or amplified noise and the likely effect on traffic and parking (currently in ordinance), ADDS: • AND • A fee is charged to attendees; or • The property possesses a zoning classification other than residential and the event is outside of the original intent or purpose of the property or facility on the property Proposed Changes— Regular Permit • Example when regular permit is required • Parades, neighborhood block parties, vigils, festivals or other events located on public or private property • Includes events on private property where substantial impact and an admission fee is charged • Includes events on private property where substantial impact, zoned other than R (residential) and falls outside the original facility purpose. • Example when regular or courtesy permit not required • Private parties on individual residential property, such as a graduation party, holiday party or family reunion, where there is no admission fee. A Event on Public ROW Special Event Permit required Gathering of 25 or more persons Event on private property and public is invited Special Event Permit required 1 Special Event Application Event on private property is inconsistent with zoning & intended use - Special Event Permit required Private party on residential property where no admission fee No permit required Gathering of 24 or less persons Courtesy Permit Optional Proposed Changes -Waiver 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. Proposed Changes - Waiver 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. Proposed Changes -Waiver 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. Other Ordinance Impacts • Fees - No proposed changes to fee structure or deposits, clean- up and codifying language only • Valet Parking - language clean- up and separating the requirements from the special events process Questions? 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, DISTINGUISHING 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: PARADES, ASSEMBLIES, AND OTHER SPECIAL EVENTS; PERMIT REQUIREMENTS: A. Parades, assemblies, and other special events of twenty-four (24) or fewer people: 1. No permit is required for parades, assemblies, and other special events of— - Formatted: Indent: Left: 0.5 twenty-four (24) or fewer people. However, parades, assemblies, and other special events of twenty-four (24) or fewer people must comply with all other applicable city codes. 2. Parades, assemblies, and other special events of twenty-four (24) or fewer people may file a courtesy application with the city clerk for informational purposes. The information will be used to facilitate public safety. B. Parades, assemblies, and other special events of twenty-five (25) or more people on city property and rights-of-way, including events open to the public in city parks. 1. Permit Required: Before any group of twenty-five (25) or more persons collect or gather together upon city property or the public right-of-way, including events open to the public in city parks, for parades, assemblies, and other special events, they must first obtain a permit from the city manager, and 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 or assembly. 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 or public rights-of-way, including events open to the public in city parks, 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 will have a reasonable time to grant or deny the permit. The length of time that is reasonable is 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 E 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 city park for an event open to the public 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. Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1.5" -[ Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1.5" (6) Names and addresses of the person or persons to be in charge of the proposed use at the specified location. '- - - -[ Formatted: Indent: Left: 1.5" J (7) Names and addresses of any persons to be featured as entertainers or speakers. Formatted: Indent: Left: 1.5" (8) List of mechanical or electronic equipment to be used. '- ^ - -[ Formatted: Indent: Left: 1.5" J (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. t- - -{ Formatted: Indent: Left: 1.5" (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). Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1.5" '- - -( Formatted: Indent: Left: 1.5" (14) Other information as the city manager believes necessary to ensure public access and safety. b. Hold Harmless Agreement: 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 or assembly 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. t- - - -{ Formatted: Indent: Left: 1.. b. Size And Condition Of Accommodations: Whether the proposed city property, public right-of-way, or city park 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. Formatted: Indent: Left: 1" c. Compatibility Of Use: Whether the proposed gathering is compatible with the normal activity of the city property, public right-of-way, or city park 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 special event, considering the time of day, Formatted: Indent: Left: 1" location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. - j Formatted: Indent: Left: 1" 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. C. Events on Private Property; Permit Requirements: 1. Permit Required: Ordinarily a permit is not required for events on private property. However, a permit stating the time, manner and location of such event will be required when the event sponsor 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: a. A fee is charged to attendees; or b. The property possesses a zoning classification other than residential and the event is outside of the original intent or purpose of the property or facility on the property. 2. Permit Fee: A permit fee will be collected based on whether the event is open to the public. 3. Permit Application: a. Filing of Application; Contents: An application for a permit containing the information required herein must be filed with the city Formatted: Indent: Left: 1" manager by a person holding such an event. 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 must 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. 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 personal delivery. 4. Application Form; Information Required: The application form for the event must contain the following information: a. Name and address of the applicant and the sponsoring organization, if any. b. A description of the event that is planned. c. Proposed location or locations. d. Expected size of group. e. Date, time and expected length of use. f. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. 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. i. A description of any sound amplification to be used. 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. Compatibility of Use: Whether the proposed use or activity is compatible with the normal activity of the neighborhood at the requested time and date. c. 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. d. Timing of Event: Whether the event will interfere with another event for which a permit has already been granted. e. Interruption of Vehicular and Pedestrian Traffic: Whether the proposed use would substantially interrupt the flow of street and/or pedestrian traffic. f. 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 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. D. Waiver. The City Manager is authorized to waive certain requirements based on criteria approved in the Special Events Permit Waiver Policy. 10-4-2: UNLAWFUL ASSEMBLY: A. Definition: An "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 which will not result in the disturbance of the peace or disorderly conduct. Section 2. Title 10 of the City of Dubuque Code of Ordinances is amended by adding the following chapter: Chapter 8 VALET DROP OFF PARKING, PERMIT REQUIREMENTS 10-8-1: 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. 10-8-2: PERMIT FEE: A permit fee will be charged at the rate of four hundred dollars ($400.00) per year. 10-8-3: 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 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 will 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. B. Grant Or Denial Of Permit: The city manager must grant or deny the permit, in writing, according to the standards set forth in section 10-8-6 and must provide the written decision to the applicant by regular mail or by personal delivery. 10-8-4: APPLICATION FORM; INFORMATION REQUIRED: A. Contents Of Application: The application form for the use of any city property or public right-of-way must contain the following information: 1. Name and address of the applicant and the sponsoring organization, if any. 2. Proposed location or locations. 3. Date, time and expected length of the use. 4. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. 5. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. 6. Plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines (ADAAG). 7. Other information as the city manager believes necessary to ensure public access and safety. 10-8-5: 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 or arise from the provision of valet parking covered by the permit, irrespective of whether said claims are frivolous or meritorious. 10-8-6: STANDARDS FOR ISSUANCE: A. 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. 10-8-7: 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 10-4-1: PARADES, ASSEMBLIES -Y AND OTHER SPECIAL EVENTS:VALET DROP OFF PARKING, PERMIT REQUIREMENTS: A. Parades, assemblies, and other special events of twenty-four (24) or fewer people: 1. No permit is required for parades, assemblies, and other special events of• --- twenty-four (24) or fewer people. However, parades, assemblies, and other special events of twenty-four (24) or fewer people must comply with all other applicable city codes. 2. Parades, assemblies, and other special events of twenty-four (24) or fewer people may file a courtesy application with the city clerk for informational purposes. The information will be used to facilitate public safety. BA. Parades, assemblies, and other special events of twenty-five (25) or more people on city property and rights-of-way, including events open to the public in city parks. 1. Permit Required: 4—Before any group of twenty-five (25) or more persons sha4 collect or gather together upon city property or the public right-of-way, including events open to the public in city parks, for parades, assemblies, and other special events, or parade or march upon the ctreetc of the city, or before any group of twenty five (25) or more percons chall collect or gather together or - - _ _ - _ _ _ • - they mustshal4 first obtain a permit from the city manager, which permit, when issued, shall be without charge, and mustshall state the time, manner, and locations 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 or assembly.Before any for profit organization or business shall offer valet drop off parking, the organization or business shall first obtain a permit from the city manager, which permit, when issued, shall be charged at the rate of four hundred dollars ($100.00) per year, and shall state the time, manner, and conditions of such valet drop off parking. 3B. Permit Application: a4. Filing Of Application: An application for a permit containing the• ---- information required herein musts14a11 be filed with the city manager by any group desiring to use any city property or public rights-of-way, including events open to the public in city parks, street or public place as provided in this section. Applications mustshal4 be made on forms prepared by the city manager, and musts4}al4 contain the information required herein. The city manager willslaall have a reasonable time to grant or deny the permit. The Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" length of time that is reasonable is6h��e determined by the location and size of the eventtype of uce reguected the information supplied, the time of filing of the application, and the extent of advance preparation or planning demonstrated and reasonably required. b2. Grant Or Denial Of Permit: The city manager mustshaall grant or-- - 4Formatted: Indent Left: 1" deny the permit, in writing, according to the standards set forth in subsection ED of this section and mustshall provide the written decision to the applicant by regular mail or by personal delivery. 4G. Application Form; Information Required: •- - - -( Formatted: Indent: Left: 0.5" a4. Contents Of Application: The application form for the use of anyci�r• Formatted: Indent Left: 1" property, public right-of-way, or city park for an event open to the publicetrcct or public placc mustsgall contain the following information: ua- Name and address of the applicant and the sponsoring -- organization, if any. A description -The -type of the event that is planned. 25- Proposed location or locations. 4d- Expected size of group. Vie- Date, time and expected length of the use. Dy, Names and addresses of the person or persons to be in charge of the proposed use at the specified location. Names and addresses of any persons to be featured as entertainers or speakers. (8)h- List of mechanical or electronic equipment to be used. 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. Shl- A description of any sound amplification to be used. Formatted: Indent: Left: 1.5" •- - - -[ Formatted: Indent: Left: 1.5" (12)l- Proposed monitoring of the group, including the number of people who will set up and clean up. LIIFF0plan for compliance with the Americans with Disabilities Aact and Americans with Disabilities Aact Aaccessibility Guidelines (ADAAG). +a, Other information as the city manager believes necessary to ensure public access and safety. b2. HoldSave Harmless Agreement: The application willslaall include an*- - Formatted: Indent: Left: 1" agreement pursuant to which the applicant shall -agrees to indemnify, defend and holdsa'e 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 or assemblyactivity or event covered by the permit, irrespective of whether said claims are frivolous or meritorious. 51D. Standards For Issuance: The city manager mustsklall examine the -- Formatted: Indent Left: 0.5" application, and muststaall 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. b2. Size And Condition Of Accommodations: Whether the proposed city property, public right-of-way, or city parkstreet 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 gatherinaucc or activity is compatible with the normal activity of the city property, public right-of-way, or city parkstreet or public place 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 specialproposed event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. e5. Timing Of Event: Whether the event will interfere with another event for which a permit has already been granted. Formatted: Indent: Left: 1" f6. Interruption Of Vehicular Or Pedestrian Traffic: Whether the— - Formatted: Indent Left: 1" 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. C. Events on Private Property; Permit Requirements: 1. Permit Required: Ordinarily a permit is not required for events on private property. However, a permit stating the time, manner and location of such event will be required when the event sponsor 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: a. A fee is charged to attendees; or b. The property possesses a zoning classification other than residential and the event is outside of the original intent or purpose of the property or facility on the property. 2. Permit Fee: A permit fee will be collected based on whether the event is open to the public. 3. Permit Application: a. 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 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 must be determined by the size of the event, the information supplied, the time of filing of the Formatted: Indent: Left: 0.5" 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 personal delivery. 4. Application Form: Information Required: The application form for the event must contain the following information: a. Name and address of the applicant and the sponsoring organization, if any. b. A description of the event that is planned. c. Proposed location or locations. d. Expected size of group. e. Date, time and expected length of use. f. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. ,q. 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. i. A description of any sound amplification to be used. 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. Compatibility of Use: Whether the proposed use or activity is compatible with the normal activity of the neighborhood at the requested time and date. c. 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. d. Timing of Event: Whether the event will interfere with another event for which a permit has already been granted. e. Interruption of Vehicular and Pedestrian Traffic: Whether the proposed use would substantially interrupt the flow of street and/or Pedestrian traffic. f. 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 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. D. Waiver. The City Manager is authorized to waive certain requirements based on criteria approved in the Special Events Permit Waiver Policy. 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 i:shall be 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 isshall be 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 willsha44 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 '1 3: EVENTS ON PRIVATE PROPERTY; PERMIT REQUIREMENTS: A. Permit Required: No person shall hold an event on private property when thc 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 numbcr f and conditions of such event. This section shall not apply to an event held by a church or educational inctitution. B. Permit Application: 1. Filing Of Application; Contents: An application for a permit containing thc 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 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 ouppliod; thc time of filing of the application; and thc cxtcnt f advance preparation or planning demonstrated and reasonably required. 2. Grant Or Denial Of Permit: The city manager shall grant or deny the ^A A ^- ^�~ v- - A^^ ^ _v--- w^ a w *ccti n and shall provide the written decision to the applicant by regular mail r personal delivery. C. Application Form; Information Required: The application form for the eventshaU contain the following information: 1. Name and address of the applicant and the sponsoring organization, if 2. The typof eventhat is planned. 3. Proposed location orlocations. 4. Expected size of group. 5. Date, timc and expected length of ucc. Formatted: Indent: Left: u5" Formatted: Indent: Left: u5" °---jFormatted: Indent: Left:u5" Formatted: Indent: Left: u5" ~—� --�z"u��u� Formatted: ~----[ Formatted: Indent: Leau5" 6. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. ~—� --�znuom��au� Formatted: 7. Namec and addresses of any persons to be fe\atured as ertertoincrc or 8. List of mechanical r electronic equipment t be uced. •- - - -[ Formatted: Indent: Left: 0.5" t- - j Formatted: Indent: Left: 0.5" 9. Number and type of any motor vehicles or other forms of transportation to be uced, including bicycles. 10. Number and type of any animalc to be uced. 11. A description of any sound amplification to be used. D. Standards For Issuance: The city manager shall examine the application and shall grant or deny said permit based upon thc following ctandarde: 1. Interference With Privacy, Safety, Security: In light of the date and time of wid proposed use, whether the use will unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the arca. -{ Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" 2. Compatibility Of Use: Whether the proposed use or activity is compatible with the normal activity of the neighb rh d at the requested time and date. 3. Demonstration Of Means, Planning And Coordinati n. Whcthcr thc 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 t protect the public health and safety. �. 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. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" t- - -{ Formatted: Indent: Left: 0.5" 6. Excessive Diversion Of Police: Whcthcr the use would require thc exccceive divcrcion of police from other duties or substantially interfere with thc city's firefighting operations. E. 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 actual facts or those factc that app ar reasonably to have occurred, the city manager 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: Indent: Left: 0.5" Chapter 8 VALET DROP OFF PARKING, PERMIT REQUIREMENTS 10-8-1: 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. 10-8-2: PERMIT FEE: A permit fee will be charged at the rate of four hundred dollars ($400.00) per year. 10-8-3: 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 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 will 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. B. Grant Or Denial Of Permit: The city manager must grant or deny the permit, in writing, according to the standards set forth in section 10-8-6 and must provide the written decision to the applicant by regular mail or by personal delivery. 10-8-4: APPLICATION FORM; INFORMATION REQUIRED: A. Contents Of Application: The application form for the use of any city property or public right-of-way must contain the following information: 1. Name and address of the applicant and the sponsoring organization, if any. 2. Proposed location or locations. 3. Date, time and expected length of the use. 4. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. 5. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. 6. Plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines (ADAAG). 7. Other information as the city manager believes necessary to ensure public access and safety. 10-8-5: 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 or arise from the provision of valet parking covered by the permit, irrespective of whether said claims are frivolous or meritorious. 10-8-6: STANDARDS FOR ISSUANCE: A. .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. Formatted: Not Highlight 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. 10-8-7: 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. 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 must be submitted in writing and 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. FW: Action Item No. 5, Council meeting April 7, 2014Page of >> Kevin Firnstahl FW: Action Item No. 5, Council meeting April 7, 2014 ? From: "Art Gilloon" <agilloon@dbqlaw.com> To: <Kfirnsta@cityofdubuque.org> Date:4/6/2014 9:48 PM Subject: FW: Action Item No. 5, Council meeting April 7, 2014 Kevin-- Third time's a charm. Art -----Original Message----- From: Art Gilloon Sent: Sun 4/6/2014 9:40 PM To: Crenna Brumwell (cbrumwel@cityofdubuque.org); kfirnstahl@cityofdubuque.org Subject: FW: Action Item No. 5, Council meeting April 7, 2014 Crenna and Kevin--- I apologize for misspelling your names in my first sending of this email. Art -----Original Message----- From: Art Gilloon Sent: Sun 4/6/2014 9:37 PM To: Rdbuol@cityofdubuque.org; Lsutton@cityofdubuque.org; Rjones@cityofdubuque.org; dresnick@cityofdubuque.org; kbraig@cityofdubuque.org; klynch@cityofdubuque.org; jconnors@cityofdubuque.org Cc: Kfirnstall@cityofdubuque.org; cbrumwell@cityofdubuque.org Subject: FW: Action Item No. 5, Council meeting April 7, 2014 Dear Mr. Mayor and Council Members--- As a resident of the 4th Ward and as an attorney who has represented protesters on First Amendment and other issues, I respectfully request that I be allowed to address the Council tomorrow evening when you discuss Action number 5---Special Events and Waiver. I have spoken with Cindy Steinhauser and Assistant city Attorney Crenna Brumwell regarding the proposed ordinance changes, their origin, and the potential enforcement of the ordinance. A number of questions and issues remain that were not addressed during the Council meeting of March 3rd. They file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/5341CB91DBQ_D...4/8/2014 FW: Action Item No. 5, Council meeting April 7, 2014Page of >> would be best presented by me after seeing the city staff presentation to the Council Monday nite. As one example, what are the restrictions on impromptu vigils on City property that are time sensitive, cannot await the permit approval, and/or which are objected to by a nonparticipating observer? > I respectfully request a few minutes of time to address the Council during its consideration of Action No. 5. I expect my offerings to you likely will lead to other questions that you will have that are important to your decision. I will be respectful of your time. Thank you very much for your consideration and a positive response to my request. Arthur F. Gilloon NOTE: The information contained in this transmission is confidential and protected from disclosure by attorneyclient privilege, by attorney workproduct doctrine, by various privacy laws, or by virtue of it >> being proprietary in nature. This transmission is intended for the exclusive use of the named recipient. If you are not the named recipient, or the employee or agent responsible to deliver it to the named recipient, any use, copying, disclosure, dissemination, or other distribution of the information transmitted herewith is strictly prohibited and you may be subject to legal restrictions or sanctions. If you have received this communication in error, please immediately notify us by telephone at (563) 556 > 6433 and destroy all copies. Thank you. Arthur F. Gilloon Gilloon, Wright & Hamel, P.C. 770 Main Street Dubuque, IA 520016820 > Click here to report this email as spam. file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/5341CB91DBQ_D...4/8/2014 04/07/14 To City Council and Honorable Mayor Buol: The ordinance for the special events permit raises concerns for me as a resident and as a potential business owner. With the preview of the power point presentation giving examples of what it will apply to and then reading the ordinance; they are different in wording with the ordinance not being specific and just including a general statement. This has the potential of affecting business, groups, local chapters, universities, local schools along with residents. With the wording of the ordinance that it will apply to 25 or more public or on private property is where my concern is, This could apply to a number of personal/social events that would be covered under this. Unfortunately, even though it is not what it is meant for it has the potential for affecting residents and local business and could be a liability eventually along with additional work required by staff. Some of the areas where could be affected are: * Fundraising Events * Customer Appreciation Days * Reunions * Local chapter meeting * Group Meeting * Speakers * Farmers Market Just to name a few that could be affected with the wording as it stands within the ordinance. With this additional requirement; staffing in the City Manager office could be overextended for issuance of permits and will most likely require the hiring of additional staffing in the City Manager's office and also in the enforcement of this ordinance. I respectfully ask you to vote no on this ordinance to make sure it does not affect our community in a negative way. Thank you for your time in viewing this letter and in the consideration of the decision that you make. Thank you, Kelly Hingtgen 3416 Foothill Rd. 563-599-3654 0