SCHEDULE S REGULATION RESPECTING PROCESSIONS AND ASSEMBLAGES ON PUBLIC STREETS
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- Percival Brown
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1 SCHEDULE S REGULATION RESPECTING PROCESSIONS AND ASSEMBLAGES ON PUBLIC STREETS A. Scope This regulation applies whenever a request is received to facilitate an Event occurring wholly or in part within the streets in the City of Saint John (a "Street Event"). This regulation does not affect the public status of streets where events are sought to be held. This regulation does not apply to permanent closure of streets, temporary closure for road construction, or street closures made under the authority of the Fire Chief or the Chief of Police in emergency situations or under the authority of the Chief City Engineer. B. Purpose Every year numerous Street Events are held throughout the City of Saint John. These events often organized by community groups and volunteers greatly enrich our cultural lives and our communities. The City of Saint John recognizes special events as an important part of the City s quality of life. Special events enhance tourism, culture, recreation and education as well as providing an economic benefit to businesses in Saint John. This regulation is intended to provide event organizers with information about what is required to obtain approval for Street Events and the associated temporary traffic rerouting. C. Authority This regulation has been adopted by Common Council of the City of Saint John. Authority to administer this regulation has been assigned to the Saint John Police Force Chief of Police, except with respect to Street Events involving consumption of alcoholic beverages in public places, as noted below. Authority to administer this regulation is referenced at Section 3 of the BY-LAW NUMBER M-10: A By-Law Respecting the Traffic on Streets in the City of Saint John Made Under The Authority of the Motor Vehicle Act 1973 and Amendments Thereto (the Saint John Traffic By-Law ).
2 Page 2 The consumption of alcoholic beverages in public places is prohibited; however a Street Event organizer may apply for an exemption. Application once again is to the Chief of Police, but the request is then routed (by the Chief) to Common Council for consideration and approval. A Street Event request which will involve alcohol consumption must be received at least 90 days prior to the event, in order to accommodate scheduling of consideration by Common Council. It is the responsibility of the event organizer to acquire any and all licenses in accordance with the applicable Provincial legislation for consumption of alcohol. In all other respects an application for a Street Event permit must satisfy the Conditions for Consideration and all application requirements. The Chief of Police will process the request accordingly, contingent on and subsequent to Common Council granting the exemption for consumption of alcoholic beverages in public places. D. Definitions Street Events are temporary processions or assemblages (section 113(c) Motor Vehicle Act) and include, but are not limited to, parades; marathons, triathlons, road races, public processions, a continual passing-by as of people, objects or events; and street markets. Traffic rerouting for Street events is temporary, in that it is less than 24 hours in duration. Reasonable Vehicular, Pedestrian and Wheelchair Access means vehicular, pedestrian or wheelchair access to and from the properties affected by the Street Event by owners, residents and guests of the said properties within thirty (30) minutes of their request for access, or, in case of imminent threat to health or property, immediately. E. Procedure 1) Application A person or group requesting the temporary rerouting of traffic to facilitate a Street Event is encouraged to submit the application at least 90 days before the event, in order to facilitate processing of the request. Applications received less than 60 days before the proposed event (90 days if exemption for consumption of alcoholic beverages in a public place is required) may be refused on the
3 Page 3 grounds that adequate review, consultation and agreements cannot be completed in the time available. Application in writing to the Chief of Police shall include a completed application in the prescribed form and required documentation. The application shall indicate: The reason for the proposed traffic rerouting and a brief explanation of the event. The requested time(s) and date(s) of the Street Event and traffic rerouting, and rain date if applicable. The required Insurance documentation (See Insurance, below). An Event Plan containing the following information, if applicable: o Detailed event schedule: When does the whole event begin and end (preparation, execution, clean-up), and what is the schedule for specific activities of the event? o Site plan of gathering area o Site plan of event set-up o Detailed event route o List of marshals who will direct participants along the route while respecting crosswalk safety and the rules of the road (minimum of 1 marshal per 25 people) o List of volunteers and responsibilities o List of event security personnel o Detailed request for Saint John Police Force assistance o Parade lineup (list of floats); or vehicles permitted in event area, if not a parade o Fencing or barricades if any o Evacuation plan to provide access to emergency vehicles in the event area o For distance run events, list the location of water stations and volunteers along the route o List of tents or other structures (indicate size, quantity, ownership & anchorage) o Number of participants anticipated o Is alcohol being served? o Contact information for the event organizers o Process for notification to community and area businesses o Volume (loudness) and nature of noise created by the Street Event and participants in the event
4 Page 4 o Plan for collection, separation and removal of recyclables, organics and garbage o Any other pertinent information 2) Insurance A person or group requesting a Street Event Permit other than City departments, agencies, boards and commissions and agents of the City of Saint John may have to carry third party liability insurance for the Street Event. Whether all or part of the event takes place on or passes over City of Saint John public property the Street Event organizers may have to obtain and maintain in full force a Commercial General Liability insurance policy with limits of not less than $2,000,000, naming the City of Saint John as an Additional Insured. Where liquor will be served or sold at a Street Event, the organizers shall obtain and maintain in full force a Commercial General Liability insurance policy with limits of not less than $5,000,000, naming the City of Saint John as Additional Insured ; and additional liquor liability insurance shall also be obtained. Evidence of all required insurance coverage(s) shall be forwarded to the City of Saint John, care of the Common Clerk, at least 10 working days before the Street Event. 3) Conditions The following conditions are the requirements which must be met before the Chief of Police may deliver a Street Event Permit. Review and approval involves a two-part test as follows: 1) Are each of the conditions a significant concern in the context of the requested location and the nature of the Street Event; and 2) If so, has a satisfactory remedy been proposed to adequately resolve the concern? 1. Events will be considered on their merits with respect to the within conditions; and on a first come, first served basis. Notwithstanding this, subsequent Street Event requests for same or proximate locations and/or same day/time will also consider concerns arising from the possible compound effect of multiple Street Events. 2. Priority will be given to Events which are community-oriented, - beneficial to the Uptown, specific neighbourhoods, or the community as a whole - and promote the City or subject area as a gathering place.
5 Page 5 3. Noise associated with an approved Street Event is exempted from provisions of the Saint John Noise By-law (see s. 4(e)) as noises in relation to parades, street dances, and other community activities. Nevertheless, volume (loudness), nature and hours of noise created by the Street Event and by participants in the event shall be reasonable in the circumstances. 4. Notwithstanding that approval of a Street Event may allow for temporary rerouting of traffic or restricted access to public areas, a degree of access remains necessary. A fire lane of at least three (3) metres shall be left clear to allow access for emergency vehicles. Provision shall also be made by the event organizers for Reasonable Vehicular, Pedestrian and Wheelchair Access. 5. If the proposed Street Event requires enclosing the site with fencing or barricades, or blocking some of the entrances to the site, a person must be designated to stay at the blocked entrance(s) at all times. This designated person must be prepared to move the fencing, barricades or other equipment quickly to allow emergency vehicles through and to allow for Reasonable Vehicular, Pedestrian and Wheelchair Access. 6. Pursuant to the Motor Vehicle Act, volunteers are not authorized to direct traffic. Volunteers may however direct participants and moving equipment, but only when deemed necessary. 7. Public safety concerns will be assessed based on whether there are any known threats/concerns. Security shall be provided for all Street Events using volunteers, Salvage Corps, private security companies, and/or the Saint John Police Force, within the respective appropriate levels of authority and ability. If the Chief of Police determines that a particular event requires the services of the Saint John Police Force, the specific requirements will be reviewed with the event organizer and an Operation Plan will be drafted and provided to the event organizer. All arrangements and costs for Saint John Police Force Services are the sole responsibility of the event organizer and must be negotiated in advance of the Street Event. 8. Limitations and impact of the Street Event and traffic rerouting on the conduct of business including customer access and retention, deliveries, security and operations shall be identified and addressed by the event organizers.
6 Page 6 9. Impacts and concerns respecting vehicle flow, construction activity, availability of adequate fire protection, and street cleaning shall be identified and addressed by the event organizers. 10. The Street Event application shall include a waste management plan which shall address how recyclables, organics and garbage will be separated and managed. The City of Saint John does not supply garbage, organic or recycling containers or collection services for any Street Event. It is the sole responsibility of the event organizer to secure a contractor to supply properly signed garbage, organics and recyclables containers and collection services, at the cost of the event organizer. 11. Traffic rerouting for Street Events shall begin and end at street intersections wherever practical. 12. Event organizers and the Street Event shall comply with all Federal and Provincial legislation and regulations, and Municipal by-laws. The Chief of Police may cancel an event at any time if applicable legislation, regulations or by-laws are not being followed. 13. The closure or rerouting of Transit routes shall not occur without direct consultation between event organizers and the Saint John Transit Commission, and confirmation to the Chief of Police by the Saint John Transit Commission that Transit route issues have been resolved to the satisfaction of the said Commission. 14. Many events have some form of vending. In any such case, the event organizer shall ensure that each individual vendor has the proper permits and licenses. All food vendors are subject to approval and licensing by the Province of New Brunswick. The Street Event application shall indicate if food will be served, and shall confirm that the applicant and vendors will comply with all applicable legislation. 15. If live or recorded music will be a part of the event, the event organizers shall obtain the proper performing rights licenses from SOCAN ( to use music.
7 Page 7 4) Permit The Chief of Police shall issue a Street Event Permit once he is satisfied that all the conditions listed in the within Regulation have been met, and the said permit shall list the terms and conditions of the Street Event. The permit shall be available upon request at the Street Event. The Chief of Police may cancel an event and/or revoke a Street Event Permit at any time upon violation of any legislation, regulations or by-laws or upon violation of any of the conditions of the Street Event Permit.
8 Page 8 City of Saint John Street Event APPLICATION FORM Please complete all sections of this application and return to: Chief of Police Saint John Police Force PO Box 1971 Saint John, NB E2L 4L1 FAX: Date: _ Date Received: (Office) 1. Name of Street Event: 2. Name of organization hosting / planning event: 3. Specify nature of your organization: commercial, non-profit, charitable, etc. (please give tax number if applicable) 4. Key contact for event: Address: Postal Code: Phone #: _ (H) _ (O)_ (F) Address: Secondary contact for event: Address: Postal Code: Phone #: _ (H) _ (O) _ (F) Address: 5. Name & Main theme of event: 6. Main activities of event: 7. Objectives of event, in order of priority: 8. Date(s) and times to be held:
9 Page 9 9. Please identify the frequency of this event (approval is for current event only): Annual Biennial One time only Other Please Specify 10. Location (Streets): 11. Historical Background: 12. Number of volunteers involved in event: 13. Target audience: (Please describe the demographic reach you expect with this event) 13.1 Percentage of potential audience: Adults Families Children Seniors Youth 14. Estimated attendance: 14.1 Estimated type of attendance: [for statistical purposes only; not mandatory] a) % who are participants b) % who are spectators c) % from the city of Saint John d) % from outside the city of Saint John e) % from outside the province 14.2 From d and e above, please provide an estimated percentage breakdown for the accommodation type that will be used for out of area visitors. [for statistical purposes only; not mandatory] a) % Visiting friends & relatives b) % Campground c) % Hotel / Motel d) % Bed & Breakfast e) % Other Please Specify
10 Page 10 General Financial Information: Only required in order to understand the scope of the proposed event, and to confirm that the applicant/organizer has resources necessary to cover costs associated with the conditions of permit. Total Operating Budget is the key information. Financial information will remain confidential. 15. Total operating budget: 16. Funding sources: (detail estimated amount) A. Grants B. Sponsorship Provincial: Federal: Other: Total: Private: Corporate: Other: Total: Revenue from other sources: Source: Funds: Source: Funds: Source: Funds: Funds on hand from other years: Total Revenue expected: If available, please attach a detailed budget of projected expenditures (confidential use only). 17. Identify any major sponsors that may be involved: 18. If this event is to be used as a fund raiser, who is the beneficiary? _ 19. Has your event received support from the City of Saint John in past years? Yes No Please identify the year in which you received support:
11 Page 11 Please detail the level of support you received in the past: 20. Briefly outline your marketing strategy for this event. (Include any print or electronic exposure you expect to receive): 21. A person or group requesting a Street Event Permit other than City departments, agencies, boards and commissions and agents of the City of Saint John may have to carry third party liability insurance for the Street Event. Whether all or part of the event takes place on or passes over City of Saint John public property the Street Event organizers may have to obtain and maintain in full force a Commercial General Liability insurance policy with limits of not less than $2,000,000, naming the City of Saint John as an Additional Insured. Where liquor will be served or sold at a Street Event, the organizers shall obtain and maintain in full force a Commercial General Liability insurance policy with limits of not less than $5,000,000, naming the City of Saint John as Additional Insured ; and additional liquor liability insurance shall also be obtained. Evidence of all required insurance coverage(s) shall be forwarded to the City of Saint John, care of the Common Clerk, at least 10 working days before the Street Event. 22. How will this event be evaluated? A. Will you require City of Saint John services? If so, please detail: _ Please Note: Many municipal services are subject to costs and are the sole responsibility of the organizer. The municipality reserves the right to ask for pre payment for these costs in the form of a money order or a certified cheque made payable to the City of Saint John, otherwise the costs will be invoiced to the organizer after the event is completed. B. Using a separate sheet(s), please provide as much detail as possible on your event logistics. Please include all route maps and site plans if applicable and any additional information that you feel will explain your event. With regard to the City of Saint John requirements outlined in this application I have signing authority for the above stated event. I understand the City of Saint John requirements of an event organizer as outlined in this application and will ensure that the event I represent will comply with these requirements: Name Signature Name Print
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