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HomeMy WebLinkAboutOrd1987-591 . . . Sponsored by: Gieseler CITY OF SEWARD, ALASKA ORDINANCE NO. 591 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RELATING TO SPECIAL EVENTS PERMITS ESTABLISHING CHAPTER 9, REQUIRED PERMITS, OF T SEWARD CITY CODE WHEREAS, the City Council deems it to be n the best interest of the health, safety and welfare of he citizens of the city of Seward to regulate the condu t of special events by requiring a permit for those activi ies; and WHEREAS, the City Council deems it nec ssary to require a permit system for special events sinc such events are likely to draw upon the health, sanita on, fire, police, transportation, utility and other publi services regularly provided in the city; and WHEREAS, the Seward City Code visions regarding the regulating of currently has no pro- pecial events; and WHEREAS, rate chapter requirements; the City Council w'shes to establish a sepa- in the Seward C' y Code addressing permit NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Chapter ,Required Permits, of the Seward City Code is hereby e ablished by adding Sections 9-1 through 9-10 which read as follows: Sec. 9-1. efinition. "Special event" shall mean any meeti ,activity, gathering or group of persons, anim s or vehicles, or a combination thereof, havi g a common purpose or goal, upon any public stre t, sidewalk, alley, park or other public pla e or building, which special event inhibits he flow of pedestrian or vehicular travel 0 which occupies any public area or build- ing whi h results in pre-emptive use by general public or which deviates from established use. 9-2. Special Events, Permit Re- ed. No person shall engage in, participate in, aid, form or start any special event, unless a s ecial event permit has been obtained from the ity manager or an authorized designee. A person seeking issuance of a special event permit shall -1- ~Pl.-~~ W f ~STI~ d5(lVIU~ - o"7-I-z::tf8T . . . file an application with the city manager authorized designee on forms provided by the CITY OF SEWARD, ALASKA ORDINANCE NO. 591 Sec. 9-3. Form of Permits. An applica ion for a special event permit shall be filed wit the city manager or an authorized designee no less than fifteen (15) days nor more than six y (60) days before the date upon which the speci 1 event is proposed to be held. The application for a special e ent permit shall include the following informati 1. The name, date of telephone number of the person to conduct the special event; birt , address and or persons seeking 2. 3. If the conducted for or on behal the permit will require telephone number of the nization and the name number of the authoriz d organization; is proposed to be any organization, he name, address and adquarters of the orga- address and telephone representatives of such 4. The of the person who ing the special address and telephone number 11 be responsible for conduct- 5. The conducted; the special event is to be the special event is to be 7. event; specific location of the special The estimated number of participants; The estimated number of vehicles; 10. Provisions for clean-up after conclusion the special event; and 11. Provisions, if any, for security, traf- fic control and crowd control. -2- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591 Sec. 9-4. Insurance. The applicant for permit will provide the city of Seward with a certificate of insurance evidencing general l' a- bility coverage which will become a part of the permit requirements. The certificate shall show the city, its elected or appointed offi ials, employees and volunteers as insureds with regard to damages and defense of claims arising rom: a) activities performed by or on behalf of e named insured, b) products and completed ope tions of the named insured, or c) premises owned leased or used by the named insured; and sha show per occurrence/aggregate coverage of no less than and dollars respectively. The insurance a orded by the applicant's policy shall be pri ry insurance as respects the city, its elected r appointed offi- cials, employees or volunteer , or stand in an unbroken chain of coverage cess of the named insured's scheduled underlyi g primary coverage. In either event, any other i surance maintained by the city, its elected 0 appointed officials, employees or volunteers all be excess of this insurance and shall not ontribute with it. The insurance afforded by th applicant's policy shall not be suspended, void a, cancelled or reduced in coverage or limits, e ept after thirty (30) days' prior written notic by certified mail, return receipt requested, s been given the city. It understood that the applicant agrees to hold t e city, its elected or appointed officials, empl ees or volunteers harmless and to defend the ci , its elected or appointed offi- cials, employ s or volunteers from all claims for personal inf ry and/or property damage of every kind and c aracter arising out of any special event. 9-5. Acce tance/Denial of Permits. en (10) business days of the filing of the applic ion for permit, the city manager or an autho ized designee shall send the applicant writ en notice by regular u.S. Mail of the action tak n on the application and the specific reason th refore. The permit for a special event shall b granted unless one or more of the following onditions exist: -3- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591 a) The application is incomplete ln a material respect; b) The application has been fraudulently completed; c) A prior permit has already been issue to the applicant for the same area request d within the same calendar month; d} The application is not for a area; e} An adjoining public area has been scheduled for use at the same time taneous uses cannot be accommodated; f} The estimate of anticip present for the special event is in maximum designated number of person that area; ed persons xcess of the allowable for g} The city applicant or sponsoring create imminent lawless the special event; or factu knowledge the 'ntends to cause or in connection with insurance the city h) The required has not been obtained manager and/or the city ce tificate of a approved by uncil. Sec. 9-6. of Denial. An applicant denied a permit may appeal the decision of the ci ty manager or th authorized designee to the city council by fi ng a written notice of appeal with the city cler within five (5) business days of the receipt 0 the denial by the city manager or the authorize designee. Such app al will be heard at the Council's next regular meeting. A final decision will be reached wit in five (5) business days after the council me ting. The applicant will be notified of the fi 1 decision by regular U. S. Mail. 9-7. Permit Conditions. Permits issued under e provisions of Sections 9-1 through 9-10 shall be subject to the following conditions: 1) The hief of Police may stop a special event where a ~ each of the peace is occurring or an activity int the nature of a riot has occurred; 2) The -4- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591 / / public area used for the special event is to be left clean and undamaged following any event; 3) The grant of a permit shall not entitle the appli- cant or sponsoring group to violate any othe general park rules or regulations, or any reg - lations applicable to the use of public proper Yi 4) The conduct of the event will not substant' lly interrupt the safe and orderly movement of other traffic contiguous to its route; 5) The oncen- tration of persons, animals and/or vehicle at the special event will not unduly inter re with proper fire and police protection or ambulance service to areas contiguous to the s cial event area; 6) The conduct of the event is not rea- sonably likely to cause injury 0 persons or property or to provoke disorde conduct or create a disturbance. Receive Notice of ecial event permit, rized designee shall propriate to the fol- Sec. 9-8. Officials to Permit. Upon issuance of a the city manager or an aut send a copy thereof when lowing: 1. The Police De artment; 2. Parks and Re reation Director; and 3. The City A orney. Sec. 9-9. Pe alt Provision. Any person who violates the pro ~sions of this Chapter shall be punished by a f' e of not more than $300.00 and/or have his permi revoked. Sec. 9- O. Revocation of Permit. The city manager or designee shall have the authority to revoke a pecial event permit issued pursuant to this co provision upon violation of the stan- dards t forth in this provision. During the event, the Chief of Police or a designee shall have he authority to order a ceasing of the event sho d the continuance of such event endanger life or property. ection 2. This ordinance shall be of a permanent nat re and shall become a part of the Seward City Code of inances. Section 3. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance and the application to other persons or circumstances shall not be affected. -5- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591 Section 4. This ordinance shall take effect en (10) days following enactment. For special events ccurring within fifteen (15) days after the date of enac ent, the application time set forth in Section 9-2 is d med to be met if application is made five (5) days p ior to the scheduled event. Such application will be accepted or denied by the city manager or an authorized d signee within two (2) days of the filing of the application for permit. OF SEWARD, , 1987. ENACTED BY THE CITY ALASKA, this day of OF SEWARD, ALASKA Y E. GIESELER, MAYOR AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK Linda S. Murphy, City Clerk Fred B. Arvidson City Attorney (City Seal) Introduced By: Booher/Dunham Introduction Date: 06/08/81 Public Hearing & Enactment Date: -6- . Sponsored by: Gieseler CITY OF SEWARD, ALASKA ORDINANCE NO. 591 (Substitute) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RELATING TO OUTDOOR ASSEMBLIES AND ESTABLISHING CHAPTER 9, REQUIRED PERMITS, OF THE SE\'iARD CITY CODE WHEREAS, the City Counci 1 deems it to be i interest of the health, safety and welfare of e citizens of the city to regulate the conduct of outdoor ssemblies by requiring advance notification of those ac vi ties since such events are likely to draw upon the hea h, sanitation, fire, police, transportation, utility a other public services regularly provided in the city: a a WHEREAS, the City Council regulations necessary to protect and welfare: and enact minimum heal th, safety Section 1. Chapter , Required Permits, City Code is hereby stablished by adding through 9-11, to read s follows: f' ds that the provisions e the least detrimental of persons while protect- welfare: . WHEREAS, the City Council contained in this ordinance h impact upon constitutional righ ing the public health, safety d NOW, THEREFORE, THE CIT ALASKA, HEREBY ORDAINS that CITY OF SEWARD, of the Seward Sections 9-1 . Sec. 9-1. Dei' itions. "Outdoor Assembly" shall mean any meet'ng, activity, gathering or group of persons numb ring fifty (50) or more, animals, or vehicles, r a combination thereof, having a common p pose or goal upon any public street, sidewalk alley, park or other public place or buildin, which assembly inhibits the flow of pedes ian or vehicular travel or which occupies any ublic area or building which results in pre emptive use by the general public or which de iates from the established use of the public ea or building. 9-2. City manager or designee authority. The city manager or his authorized designee shall promulgate the administrative procedures and forms necessary to institute these provisions. -1- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591 (Substitute) Sec. 9-3. Advance notification required. person shall engage in, participate in, aid, fo or start any outdoor assembly unless adva ce written notification has been given the city and the city has had the opportunity to approv the requested date, time and place of the assemb y. Sec. 9-4. Time for filin advance noti An advance notification form for an outd r assem- bly shall be filed with the city not less than fifteen (15) days nor more than sixt (60) days before the date upon which the asse bly is pro- posed to be held. Sec. 9-5. Waiver of advance notif cation for ood cause. (a) The city may waive e outdoor assembly advance notification require nts for good cause. "Good cause" will be foun where the proposed assembly will inhibit the flow of pedestrian or vehicular traffic to am' imal degree and/or the proposed assembly will r suIt in minimal interfer- ence with the public' established use of the public area or buildin utilized for the assembly. (b) A person group of persons wishing to hold an outdoor as mbly but also seeking a waiver of the advance notification requirement must submit a writte request for waiver to the city outlining the easons justifying waiver of the requirements. The city manager or authorized designee will review the written request and reply orally or . writing within three (3) business days. The city manager's decision on whether to grant the aiver shall be final. Sec. 9- . Form of advance notification. The city rov~de forms for use by the public to compl with the advance notification requirements. orm shall request the following information: (a) The name, address and telephone number f the person or persons seeking to conduct the outdoor assembly and whether the organizer is over the age of 18: (b) The purpose of the outdoor assembly: (c) If the assembly is proposed to be con- ducted for or on behalf of any organization, the -2- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591(Substitute) name, address and telephone number of the thorized representatives of such organization the headquarters of the organization; (d) The name, address and telephone nu er of the person who will be responsible for con uct- ing the assembly; (i) provisions of the assembly; and (e) The proposed date(s) and hour assembly; (f) The proposed assembly locati (g) The estimated number of (h) The estimated number upon conclusion (jl provisions, fic and crowd control, if an , for security, traf- anitation facilities. Sec. 9-7. Insurance. DB n review of the outdoor assembly advance noti ication form, the city manager may deem that the size of the assembly, purpose of assembly 0 other factors require that the assembly organ' er(s) provide insurance to further protect t public health, safety and welfare of the c' tizens and property. In such instance, the ci manager may require the appli- cant to provid the city with a certificate of insurance evid ncing general liability coverage. The city mana er may require that the certificate show the cit , its elected or appointed officials, employees d volunteers as insureds with regard to damage and defense of claims arising from activitie performed by or on behalf of the named insured, products and completed operations of the named 'nsured, or premises owned, leased or used by th named insured. The city manager shall set the ounts of per occurrence and aggregate cover- age ased upon the perceived liability risk of the as embly. The insurance afforded by the appli- c nt's policy shall be primary insurance as re- pects the city, its elected or appointed offi- cials, employees or volunteers, or stand in an unbroken chain of coverage excess of the named insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the city, its elected or appointed officials, -3- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591 (Substitute) employees or volunteers shall be excess of this insurance and shall not contribute with it. T insurance afforded by the applicant's policy sh 1 not be suspended, voided, cancelled, reduced in coverage or limits, except after 30 days' ior wri tten notice by certified mail, return r eipt requested, has been given to the city. Sec. 9-8. City response. Within ten (10) usiness days following the filing of the advance notifica- tion form for an outdoor assembly, the city shall send the applicant written notice by egular U.S. mail of the city's response to the roposed out- door assembly. If the city has no objections to the assembly, the advance notifica ion form shall be signed by the city manager and returned to the applicant as evidence of compl ance with these provisions. The city shall app ve the date, time and place of the assembly the ein. The city may revoke its non-objection and bject to the assem- bly at any time following i tial notification of non-objection and until con lusion of the assembly if it is found that part' ipants of the assembly intend to violate the pro isions set forth herein. If the city objects the proposed assembly and/or wishes to requir insurance coverage pursu- ant to Sec. 9-7, the ity manager shall so notify the applicant of the pecific objections or insur- ance requirement. The city may object to the assembly if one more of the following con- ditions exist: form is incomplete in a (a) material (b) th notification form has been fraudu- lently comp eted; (c) ready b or adj taneo a prior assembly notification has al- n submitted by another party for the same ning location, date and/or time and simul- uses cannot be accommodated; the assembly is not proposed for a ic area; (e) the estimate of anticipated persons present for the assembly is in excess of the maximum designated number of persons allowable for that area, taking into consideration health and safety factors; -4- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591 (Substitute) (f) the city has factual knowledge that the applicant or sponsoring group intends to cause 0 create imminent lawless actions in connection w. h the assembly; or (g) the applicant has not insurance requirements. Sec. 9-9. Conduct of assembly. Outdoor a shall be subject to the following condit. (a) the chief of police may stop assembly where a breach of the peace is occurr. ng or if he deems that continuance of the ering might endanger life or property; (b) the public area used fo to be left clean and undamaged sion of the gathering; the assembly is ollowing conclu- (c) assembly participan s shall not violate any other general park rul s or regulations, or any regulations applicable to the use of public property; the assembly shall not the safe and orderly contiguous to its route; (d) the substantially interrup movement of the traffi (e) the conce tration of persons, animals and/or vehicles at the assembly shall not unduly interfere with pr per fire and police protection or ambulance ser ice to areas contiguous to the assembly area; a d (f) shall not property create a on duct of the assembly participants uch as to cause injury to persons or to provoke disorderly conduct or lic disturbance. Sec. 9-1 . Official notification of assembl. The ci ty ma ager shall provide the chief of police, parks d recreation director and the city attor- ney w.th copies of all outdoor assembly advance noti cation forms and the city's response there- to. S c. 9-11. Penalties. Any person or group found violation of this chapter is subject to a fine of not more than $300. -5- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591 (Substitute) Section 2. nature and shall Ordinances. This ordinance shall be of a permanen become a part of the city of Seward Code Section 3. If any provision of this ordinance its application to any person or circumstance is held i valid, the remainder of this ordinance and the application 0 other persons or circumstances shall not be affected. Section 4. This ordinance shall take eff t ten (10) days following its enactment. For special eve ts occurring within fifteen (15) days after the date of nactment, the application time set forth in Section 9-4 deemed to be met if application is made five (5) da prior to the scheduled event. Such application wil be accepted or denied by the city manager or an authori ed designee within two (2) days of the filing of the applic tion for permit. ENACTED BY THE CITY ALASKA, this day of AYES: NOES: ABSENT: ABSTAIN: OF SEWARD, , 19 E CITY OF SEWARD, ALASKA HARRY E. GIESELER, MAYOR GIESELER DUNHAM, HIL ON, NOLL & SIMUTIS BOOHER & EHAN NONE ATTEST: CMC APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK Fred B. Arvidson City Attorney -6- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 591 (Substitute) Introduced By: Booher/Dunham Introduction Date: 06/08/87 Public Hearing If/ Mrlckltiw.f'/rlt/ Date: (Original Ord.591) 06/22/87 (Oriqina1 Ord. 591) Ordinance Amended by Replacing with Ordinance No. 591(S) by: Meehan/Simutis Amendment Date: 07/27/87 Second Public Hearing & IXX~K~XXK Date: 08/10/87 ORDINANCE FAILED -- SEE VOTE ON PAGE 6 -7-