Ashley Koehler, Planning & Zoning Administrator

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1 Planning and Zoning Department STAFF REPORT To: City Council From: Ashley Koehler, Planning & Zoning Administrator Report Date: March 16, 2017 Meeting Date: March 21, 2017 RE: Special Event Permit Ordinance Special Event Permit Ordinance ACTION REQUESTED: Ordinance Permit Motion Discussion Public Hearing Update Background/Summary A Special Event Permit Ordinance is proposed in order to codify a threshold and approval standards for events outside the scope of normal operations for a location. This was specifically identified as a need in advance of the solar eclipse in August A Special Event Permit process does not need to be viewed as an additional regulation, but instead a means for temporary events to take place that would otherwise not be permitted through the zoning ordinance or are beyond the scope of the intended function (i.e. camping or a concert on private property or a city park). It is not uncommon for counties and cities to have a review process and they are called Special Event Permits, Temporary Use Permits, or Mass Gathering Permits. Staff reviewed ordinances from other communities in Idaho and surrounding areas and ultimately drafted the attached Ordinance to best address the needs of our city. Council reviewed the draft at a work session on 2/7/17 and since that time Staff has revised to include comments from the City Clerk and City of Victor who is also working to adopt a similar ordinance. Events on City Property Events on the City Plaza may be subject to a Special Event Permit if the event is founds to meet the definition below. Currently, all events on city property are reviewed through a Reservation Form; there is no specific review criteria and are evaluated on a case-by-case basis. The option to require proof of insurance from an event operator and list the city as an additional insured on the policy was an edit added to the Ordinance. This is not a blanket requirement, but gives the city ability to require it and be upfront about the possible requirement at time of application. Events Defined Special Events are defined as temporary and outside the scope of normal operations/intended use for the location. May also involve: Street closure More than 50 people More than 2 vendors Exemptions from a Permit: + City or city sponsored events + Athletic events in parks/fields + Garage sales + Weddings, family reunions, and neighborhood parties on private property that are not ticketed. Cause significant public impact via disturbance, crowd, traffic/parking or disruption of the normal routine of the community or neighborhood. + Events taking place at permanent facilities designed for the activity (ex: weddings in reception halls, religious services in a church, etc.) Recommended Motion: Motion to suspend the rules and read the Ordinance by title only. [Read Ordinance title]. Motion to consider the Ordinance thrice read and adopt the Special Event Permit Ordinance #3-17. Attachment: Ordinance 3-17 Page 1 of 1

2 THE CITY OF DRIGGS, IDAHO ORDINANCE 3-17 Special Event Permits Addition to Title 5- Chapter 6 AN ORDINANCE OF THE CITY OF DRIGGS, IDAHO AMENDING TITLE 5 TO ADD CHAPTER 6 (SPECIAL EVENT PERMITS) OF THE DRIGGS CITY CODE; ESTABLISHING DEFINITIONS AND SPECIAL EVENT PERMIT REQUIREMENTS AND EXEMPTIONS; PROVIDING FOR THE APPLICATION, REVIEW, APPROVAL AND ISSUANCE OF SPECIAL EVENT PERMITS; ESTABLISHING PENALTIES FOR VIOLATIONS; REPEALING ALL ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DRIGGS, COUNTY OF TETON, STATE OF IDAHO: SECTION 1. The following text shall be added as Title 5, Chapter 6 (Special Event Permits) of the Driggs City Code, in its entirety and be enforced as such: CHAPTER 6 SPECIAL EVENT PERMITS SECTION: 5 6 1: Purpose 5 6 2: Definitions 5 6 3: Event Permit Required; Exemptions 5-6-4: Application; Additional Permits; Fee 5 6 5: Approval Standards; Conditions of Issuance 5 6 6: Fines and Penalties 5 6 1: PURPOSE: The City of Driggs hereby establishes this ordinance in the interest of health, safety, and welfare of the citizens and visitors in the City of Driggs; and to protect the properties and safety of such persons by establishing a uniform review and permitting process for special events : DEFINITIONS: When used in this chapter, unless the context otherwise indicates, the following term shall have the meaning as herein ascribed: SPECIAL EVENT: The temporary use of private or public property that is outside of its intended use, including streets, parking lots, and parks, for the purpose of conducting certain public or private events such as, but not limited to, art shows, music concerts, Ordinance 3-17 Page 1 of 6

3 fundraising events, amusement attractions, circuses, carnivals, craft fairs, contests, dances, tournaments, parades, walk-a-thons, marathons, races, exhibitions, fairs, shows, citywide celebrations and festivals, or related activities and may involve a street closure, attraction of an anticipated fifty (50) or more people at any one time, or where two (2) or more vendors are gathered. In addition, a "special event" is any event which could reasonably be interpreted to cause significant public impact via disturbance, crowd, traffic/parking or disruption of the normal routine of the community or affected neighborhood : EVENT PERMIT REQUIRED; EXEMPTIONS: A. Required: It is unlawful for any person, persons, corporation, or organization, to conduct a public or private Special Event on public or private property unless a Special Event permit has been obtained or is otherwise exempted. B. Requirements for Events on City Property: Events on city property, regardless of whether the event is subject to a Special Event Permit, may be required to provide proof of insurance to the city and list the city as an additional insured. C. Exemptions from a Permit: 1. Any event by the City of Driggs when acting within the scope of its functions, or an event sponsored in whole or in part by City of Driggs. 2. Estate or real estate sales involving the property or items from the property where the sale is held. 3. Garage, yard, rummage or small scale summer produce sales provided the sales event is on a single residentially zoned property and it lasts no longer than three (3) consecutive days. 4. Events such as weddings, purely social parties, or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for such use of the property or attendance is involved. These exempted special events may include those events taking place upon the grounds of a private residence or upon the common areas of a subdivision or multifamily residential development for which no admission or rental fee or other charge is assessed. Weddings and similar events are also exempt from obtaining a permit when these types of events take place on commercial properties that are specifically authorized for these uses. 5. Any organized activities conducted at permanent facilities typically intended and used for such activities, and/or on a site for which a zoning permit has been granted specifically allowing the special event activity, and the operation of the event complies with all permit conditions. Examples of such exempt activities Ordinance 3-17 Page 2 of 6

4 include, but are not necessarily limited to, sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; wedding services conducted at reception halls or similar facilities; funeral services conducted at funeral homes or cemeteries; religious services, wedding services, and funeral services conducted at places of worship : PERMIT APPLICATION; ADDITIONAL PERMITS; FEE: A. Application: The application for such permit shall be filed with the City not less than two (2) weeks prior to the first day upon which the event is intended to occur and shall be in such form and manner as provided by the City and will include the following: 1. Name and contact information of the event organizer. 2. Address of the event location. 3. Proof of consent from the property owner. 4. General event information, including dates, time, expected attendance, and if the event will be ticketed. 5. A detailed site plan, including location for parking, access, sanitation facilities, and event activities. 6. If a catering permit for alcohol will be submitted in conjunction with this application a detailed alcohol plan that addresses how the applicant will avoid service of minors must be included. 7. A detailed plan for recycling and trash collection and removal during and after the event. 8. A detailed noise control plan if the event is scheduled to go beyond ten o'clock (10:00) P.M. 9. If this is an athletic event, a clear route map and written description of the route must be provided. If the athletic event will take place on a public street and sheriff assistance will be needed it must be stated at the time of application. 10. A contingency plan detailing how the city and emergency responders will be notified and event site plan modified if the anticipated number of participants or attendees exceeds the estimated attendance number. Ordinance 3-17 Page 3 of 6

5 11. Additional information may be required. B. Additional Permits Necessary: Additional permits or applications may be required for submission with a Special Event Application, including but not limited to: 1. Catering Permit: When the applicant proposes to have vendors who sell any prepared food product for human consumption, an approval from the Health District that the proposed method of food preparation and service meets applicable health standards for each vendor. 2. Transitory Business Registration: When the applicant proposes to have vendors who sell any products, food, beverages, or services. 3. Sales Tax Permit: When the applicant proposes to have vendors who sell any products, food, or beverages they must collect all applicable state and local taxes. 4. Sign Permit: When the applicant proposes signs to be displayed external to the event for more than a 14 day period. 5. Street Closure: When the applicant proposes to have a street closure, or there will be an impact to the traffic on public streets, then a street closure must be approved by the Public Works Department prior to the permit being issued for the special event. 6. Permission and/or permits may also be required from other State or local organizations, such as Idaho Department of Transportation, State of Idaho Health Department, and Teton County Fire District. C. The fee for the permit shall be set from time to time by resolution of the city council : APPROVAL STANDARDS; CONDITIONS OF PERMIT ISSUANCE: A. Approval Standards: Generally, special events permits will be approved if the applicant meets the following criteria: 1. The conduct of the special event will not pose an unreasonable safety or traffic impact or impede in any substantial way public safety services or the distribution of those services in emergency response situations. Ordinance 3-17 Page 4 of 6

6 2. The conduct of the special event will not have a significant adverse environmental impact or in any substantial way constitute a disturbance of the peace of the community or unduly endanger the health, safety and welfare of the public. 3. Emergency services, such as sheriff, fire, and ambulance services are available to serve the event or can be accommodated for privately. 4. The conduct of the special event will comply with all standards imposed on it by all other applicable regulatory agencies and emergency service providers. 5. The event is in substantial conformance with all other relevant standards, codes, and ordinances applicable to this event. 6. The conduct of the special event will not substantially interrupt the safe and orderly movement of traffic contiguous to its venue. 7. The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create an undue disturbance. 8. The special event is not for an unlawful purpose. B. Conditions of Issuance 1. Reasonable conditions may be imposed concerning the time, duration and place of such event; the area and manner of conducting such an event; the maximum number of participants or spectators; the regulation of traffic, if required, including the number and type of vehicles and the number and placement of signs and barricades to be provided by the applicant, together with a plan of removal of such signs and barricades to be attached to the application; reasonable sound levels; the number of privately hired licensed security personnel or additional police escorts or employees, agents, or volunteers needed for safe and efficient operation; whether alcoholic beverages may be consumed, sold, or permitted at the event site as otherwise authorized by law; a requirement to obtain insurance and listing the city as an additional insured; and such other requirements as the city may find reasonable and necessary for the protection of persons and property. 2. Permits issued in accordance with this chapter are conditioned upon compliance by the owner with all provisions of this chapter, and compliance with all terms, directions, and conditions of the Special Event Permit, and other applicable state and local laws. Any Permit may be revoked if the person holding the Permit refuses or fails to comply with this chapter, Permit conditions, or any state or local law governing activities carried on by the event. 3. All Permits issued pursuant to this chapter are nontransferable and expire at the completion of the given special event. 4. The applicant shall indemnify, defend and hold harmless the city, its officers, agents and employees from any and all demands, claims or liability of any nature caused by or arising out of or connected with the permitted special event. Ordinance 3-17 Page 5 of 6

7 5 6 6: FINES, FEES AND PENALTIES: A. Any person, persons, or organization, hereafter referred to as organizer, orchestrating a special event must promptly reimburse the city for any and all damage of any kind to any public property of the city which may result from the special event on public property, and any organizer will not hold liable the city for or in account of any loss or damage to property owned by, or controlled by the organizer, or for or on account of any loss or damage sustained by the organizer as a result of injuries to employees or agents of the organizer. B. Any person violating any of the provisions of this Chapter for which a fixed punishment or fee has not been otherwise designated shall result in a citation being issued and the organizer of the event being charged a civil fine as provided in Driggs Code 1-4A. SECTION 2. All ordinances, resolutions or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF DRIGGS, IDAHO, this day of, APPROVED BY THE MAYOR OF THE CITY OF DRIGGS, IDAHO, this day of, Hyrum Johnson, Mayor ATTEST: Kreslyn Schuehler, City Clerk Ordinance 3-17 Page 6 of 6

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