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22-11141 Special Event ActivitiesL ,.. • - L "' "' z 0.. w "' .£ .., (/) i :51 g c: 0 (.) ORDINANCE NO. 22-11141 AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE BY ADDING AN ARTICLE TO BE NUMBERED ARTICLE V REGARDING THE AUTHORIZATION AND REGULATION OF SPECIAL EVENT ACTIVITIES; INTEGRATING THE SUBJECT MATTER OF RELATED EXISTING CODE PROVISIONS REGARDING SPECIFIC TYPES OF SPECIAL EVENTS, INCLUDING CARNIVALS, CIRCUSES AND TENT SHOWS, AND SPECIAL EVENT USE OF CITY-OWNED PUBLIC PARKING LOTS; AND REPEALING THOSE RELATED EXISTING CODE SECTIONS, INCLUDING SECTION 06-16, SECTION 06-17, SECTIONS 35-256.1THROUGH35-256.4, CHAPTER 38-ARTICLE IV. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. The Salina Code is amended by adding an article to be numbered Article V of Chapter 6, which article reads as follows: ARTICLE V. SPECIAL EVENTS DIVISION 1. PURPOSE AND DEFINITIONS. Sec. 6-330. Purpose and Intent. The city commission, in the exercise of its police power over public streets, sidewalks, plaza areas , and parks, desires to provide for the regulation of conduct and activities associated with special events held on and adjacent to such public places. The purpose of such regulation is to ensure, to the greatest extent possible, that, consistent with the protection of the public health, safety and welfare, the objectives of certain special events authorized by the city are achieved. The purpose of this chapter is to establish a process for permitting special events to use city streets , parks, rights-of-way, and city-owned public spaces and facilities, including those within the Arts, Commerce, and Entertainment (ACE) District, or for special events held on private property that nevertheless affect or impact the ordinary and regular use of public property or require city services. The city is dedicated to encouraging and promoting high-quality special events and activities that advance celebrating community identity, culture, and history. The city recognizes that special events also promote economic vitality and may provide funding opportunities for service organizations. This chapter is intended to provide a coordinated process for managing special events occurring on public and private property, coordinating the provision of city services in support of special events, and ensuring the health and safety of event patrons, residents, workers, and other visitors. Sec. 6-331. Scope; administrative regulations and guidelines. [he provisions ofthis article shall apply to the permitting of special events as defined in Sec. 6-333. The city manager is authorized to promulgate any further administrative regulations and guidelines necessary to implement the provisions of this article and is authorized to amend or repeal any existing ~dministrative regulations and guidelines that implement the provisions of this article. All permit applications shall comply with all administrative regulations and guidelinespromulgated pursuant to his article. Failure to comply with such administrative regulations shall be grounds for the immediate enforcement of the administrative regulations pursuant to this article and abatement of the violation as deemed necessary by the city. - - L Sec. 6-332. Conflict between Code provisions. Notwithstanding any other provision ofthis Salina Code, where a provision of this article is found to be in conflict with any other provision of this Salina Code, the provisions of this article shall prevail. Sec. 6-333. Definitions. Whenever used in this article, the following terms and their derivations shall be defined as follows: (a) Block Party means the closure of a street, or a portion of a street, in a residential zoning district for a gathering of the occupants of the residences adjacent to, and nearby, the closed area. (b) Special event refers to (1) any parade, non-funeral procession, fair, festival, carnival, exhibition, circus, public celebration, rally, party, motorcade, fun run, fundraising walk, street dance, bike-a- thon, race, athletic event, block party, or other attended entertainment or celebration that is to be held in whole or in part upon publicly owned property and/or public right-of-way and requires support services from the city; (2) the filming of a movie, video, or television show; or (3) any private event held wholly upon private property that will nevertheless affect or impact the ordinary and regular use of public property or public rights-of-way within the vicinity of the event by the general public. ( c) Special event permit means a permit issued by the city manager or designee to conduct a special event. ( d) Special event venue means any public area (i.e., private property or public parking lot, park, plaza, street, or sidewalk) for which a special event permit has been issued. ( e) Community event means any event that is free and open to the public. (f) Commercial event means any event that has controlled entry (i.e., payment-upon-entry, ticket entry, or registrations), including but not limited to outdoor concerts or festivals with paid admissions, athletic runs/walks, and for-profit business promotions. (g) Applicant means a person who has filed a written application for a special event permit. (h) Permittee means the person to whom a special event permit is granted pursuant to this article. (i) Free speech rights means expressive activity protected by the First Amendment of the United States Constitution or Constitution of the State of Kansas, provided that such activity is the primary purpose of the special event. G) Pyrotechnics or fireworks means a device consisting of a combination of explosives and combustibles, which when ignited generates fire, light, smoke, or noise for amusement. Division 2. Permitting Sec. 6-360. Special events; permit required. (a) No person shall organize, sponsor, conduct, or participate in any special event unless a special event permit has been granted for the special event pursuant to this article. (b) No person shall: 1. join or participate in any special event conducted under a special event permit either in violation of any of the terms of the permit, or without the consent and over the objection of the permittee; or u. interfere in any manner with the special event. Sec. 6-361. Special events; permit types. The following permit types are delineated to help coordinate the required level of city services, including, but not limited to, the provision of water, electricity, public restroom access, public safety, traffic safety, and waste/trash disposal. - L L (a) Basic special event permit. Special events that do not require city services over and above services routinely provided by the City are considered low impact and are eligible for a basic special event permit. (b) Advanced special event permit. Special events that require city services over and above services routinely provided by the City and/or have a large number of attendees are considered high impact and require an advanced special event permit. There are five (5) levels of advanced special event permits: i. Advanced permit, level 1. Special events with up to two hundred fifty (250) attendees and require city services; 11. Advanced permit, level 2. Special events with two hundred fifty-one (251) to five hundred (500) attendees and require city services; m. Advanced permit, level 3. Special events with five hundred one (501) to one thousand (1,000) attendees and require city services and/or road closure (excluding races or parades); 1v. Advanced permit, level 4. Predetermined race or parade; and v. Advanced permit, level 5. Special events with over one thousand (1,000) attendees, custom race or parade route, or other high impact, specially customized event. Sec. 6-362. Application; form. Each applicant seeking to obtain a special event permit shall apply for a permit on the city's special event application form. Sec. 6-363. Application; general requirements. Each application for a special event permit shall be submitted by the applicant, or the applicant's authorized representative or agent, who shall in each case be at least eighteen (18) years of age. The applicant or the applicant's representative or agent, on behalf of the applicant, shall certify the accuracy of the information provided in the application and must disclose all aspects of the special event to ensure the applicant obtains all required permits and/or licenses required to conduct the special event. The applicant shall provide the following information pursuant to the special event permit application or other administrative regulations as determined by the city: (a) The required contact information for the applicant, on-site contact, and any other authorized contacts for application changes, event cancellations, or event-day emergency management; (b) The nature and purpose of the proposed special event, including whether it will be a community event open to the public or a commercial event requiring an admission fee, registration, or ticket; (c) The proposed date(s), location(s), and schedule, including the estimated starting and ending time for each day of the special event; ( d) The estimated number of persons anticipated at the special event; , e) Whether alcoholic beverages will be served or consumed at the special event; i. Proof of the appropriate alcohol permit application submittals shall be required at the time of submittal of a special event permit application; and 11. Proof of proper insurance and appropriate alcohol permit approval shall be required prior to issuance of a special event permit. f) Whether any food will be served or prepared at the special event; g) Whether there will be amplified sound or a loudspeaker at the special event; h) A detailed site plan or event route map of the proposed layout and area where the special event will be held; i) Details pertaining to security, severe weather, emergency, parking, and clean-up management; and ,.. - .. z 0.. w "' c: ~ en i :!2 g c: 8 G) Any supplementary information which the city manager finds reasonably necessary , under the particular circumstances of the special event application, to determine whether to approve or conditionally approve the permit. Sec. 6-364. Fees. The following fees in amounts established pursuant to section 2-2 shall apply to the filing of applications and the granting of special event permits: (a) Application fee. Each applicant seeking to obtain a special event permit pursuant to this article shall pay to the city at the time of submitting an application a one-time, non-refundable, non- transferable application fee. (b) Late fee . A late fee will be applied to the application fee if the special event permit application is submitted after the application deadline prescribed in section 6-365(a) and befor the late application deadline prescribed in section 6-365(b). Late fees are non-refundable and non- transferable. ( c) Permit fee . Special events require considerable city resources and therfore have an associated permit fee calculated based on the corresponding special event permit type. The permit fee must be paid in full prior to the issuance of a special event permit. ( d) Additional service fees . In the case of special events requiring addition or unique services as either required by the city or requested by the applicant, additional service fees shall be imposed based upon the city's estimated actual costs . Sec. 6-365. Application; deadlines. The following application deadlines are established to allow for proper reviewing , processing, and logistical coordination by city staff, based on permit type: (a) The following application deadlinies shall apply as the last possible date for submitting the designated type of special event permit application without the applicable late fee : 1. Basic permit: ten (10) business days prior to the proposed event start date ; 11. Advanced permit, level 1: forty-five ( 45) business days prior to the proposed event start date; 111. Advanced permit, level 2, 3, and 4: sixty (60) business day prior to the proposed event start date ; and iv. Advanced permit, level 5: six (6) months prior to the proposed event start date. (b) The following late application deadlines shall apply as the last possible date for submitting the designated type of special event permit application with the applicable late fee , afterwhich the city will no longer accept a special event permit application: i. Basic permit: five (5) business days prior to the proposed event start date; 11. Advanced permit, level 1: thirty (30) business days prior to the proposed event start date; 111. Advanced permit, level 2, 3, and 4 : forty-five (45) business day prior to the proposed event start date ; and iv. Advanced permit, level 5: 90 days prior to the proposed event start date. Applications received after the late application deadlines will not be considered for permitting . Sec. 6-366. Indemnification. The permitee shall indemnify , defend , and hold harmless the city , its officers, officials , employees , and agents from and against any liability , loss , damage , expense , and costs (including without limitation costs and fees of litigation) of every nature arising out of or in ~onnection with the special event conducted hereunder, including, but not limited to , injuries or ~amages caused to participants , officials , and spectators, or damage to any property, or its failure to c omply with any of permitee 's obligations contained in the application , permit, or this article , except ~o the extent such loss or damage was caused by the negligence or willful misconduct of the city . - L - L "' "' Sec. 6-367. Insurance. An applicant is exempt from providing the insurance required by this section if the special event occurs exclusively on private property. All events that occur on public property in the city require insurance that meets the following terms: (a) The applicant must possess or obtain a certificate ofliability insurance in the amount of $500 ,000 per occurrence, and $1 ,000 ,000 in the aggregate . (b) The insurance shall be maintained for the duration of the special event, and shall endorse the ci ty as an additional insured(s). (c) The individual's or organization 's name as provided in the special event permit application must match the name of the individual or entity providing insurance. ( d) Special events occurring on public property or right-of-way that intend to serve or sell alcoholic liquor must include liquor liability insurance coverage for the special event. ( e) If a special event presents a high risk according to recognized insurance and risk management standards , the city manager may require a greater amount of coverage than required by subsection (a), or may require a particular type of insurance coverage different from that specified in subsection (a). Sec. 6-368. Additional requirements for specific special events. a) All special events shall be subject to all additional administrative regulations and guidelines promulgated by the city manager pursuant to section 6-331. b) Block Parties. No person shall organize or conduct a block party in a residential area without first obtaining a special event permit, subject to the following limitations . i. Only a street classified by the city as a residential street may be utilized for a block party or other similar neighborhood special event. 11. Upon request, the city will provide a list of the addresses to be affected by the proposed street closure(s). The applicant must submit a petition along with the application signed by two-thirds (2/3) of the residents on both sides of the street proposed to be closed indicating they are in favor of the special event. m. Streets may not be blockaded for a period oftime that exceeds twelve (12) hours . c) Parking Lots. i. Proposed utilization of a downtown plaza or right-of-way adjoining a city-owned parking lot in conjunction with a special event permit must be for the purpose of using it as event space, not just to secure parking for the event in the plaza or right-of-way . n. The city manager is authorized to temporarily designate, mark, or reserve city-owned parking lots to be used for special events. The city manager may establish additional application procedures and administrative requirements for permitting and operations on city-owned parking lots. m . No person shall use a city-owned public parking lot for any use other than parking except pursuant to a special event permit issued pursuant to this article. iv. Reservation of a city-owned parking lot must occur through the method required by the city. v. Events happening in city-owned parking lots between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday must be approved in writing by Salina Downtown, Inc . (SDI) prior to applying. vi. Events happening in city-owned parking lots outside the hours of 8:00am and 5:00 p.m. Monday through Friday and at any time on Saturday or Sunday do not require written approval by SDI prior to applying . ... ... v11. Use of city-owned parking lots for special events shall not significantly impair downtown business access, needed public parking, or residential parking. v111. Applicants must demonstrate consideration for and the capability to fulfill its responsibility for posting the permitted parking lot at a reasonable time prior to the special event and assuring access to parking for downtown residents affected by the special event. ix. The city requires special events taking place in a city-owned parking lot to pay a parking lot reservation deposit in an amount established pursuant to section 2-2 to encourage good stewardship and appropriate use of these spaces. Deposits , or any portion thereof, will be returned upon inspection and satisfaction with post-event clean-up. Any costs incurred by the city for direct labor costs or out-of-pocket expenses associated with the special event related to clean-up or property damage w ill be taken from the deposit. Additional fees or fines may also be incurred for improper use of the space. d) Downtown Plazas. 1. For special events taking place in an Arts, Commerce, and Entertainment (ACE) District public plaza, Salina Downtown, Inc. (SDI) will assist the city in evaluating the proper set-up before events and site cleanliness at the conclusion of events. To encourage good stewardship of these spaces, the city requires a deposit in an amount established pursuant to section 2-2 for ACE District public plazas, which will be returned upon SDI inspection and satisfaction with site clean-up. e) Additional Permit Fees. Special events may require other permits, which have their own permit fees , including, but not limited to , alcohol permit, electrical permit, mechanical permit, plumbing permit, and zoning approval. Sec. 6-369. Application; review and processing. (a) Upon receipt of a an application for a special event permit, the city will review for completeness. Applicants will typically receive notification of application completeness within one (1) business day . (b) The city will not accept incomplete applications. Applicants will be required to address any unfinished or missing portions of the application and resubmit. The timeframe for application review and potential permit issuance does not commence until application completeness is confirmed. (c) Upon confirmation of application completeness, the city manager and relevant city staff will review the application details to determine whether it meets the requirements for issuance of a special event permit and to make recommendations regarding any conditions to be imposed upon the permit pursuant section 6-371. (d) Final action on a special event permit application shall consist of one of the following actions: 1. issuance of a special event permit in accordance with the terms of the application; 11. issuance of a special event permit in accordance with the terms of the application, with conditions imposed pursuant to section 6-371; or 111. disapproval of the special event permit pursuant to section 6-372. ( e) The timeframe for issuance of a decision in response to the application or a letter of correction by the city to the applicant for a(n): 1. basic permit is one (1) business day; 11. advanced permit, level 1 is ten (10) business days; m. advanced permit, levels 2 , 3 , and 4 is thirty (30) business days; and iv. advanced permit, level 5 is sixty (60) days. - L - L ,......., "' "' (f) The city reserves the right to require an application technical meeting with the applicant for any and all advanced special event permits to confirm event details. (g) If the application is granted, the city will issue the special event permit. If the application is disapproved, the city shall immediately notify the applicant by mail. The notification shall state the basis for such disapproval and that the applicant has the right to appeal such disapproval pursuant to section 6-373. Sec. 6-370. Permit approval. (a) Basic and advanced permit, level 1, applications are eligible for administrative approval. (b) City manager approval is required for advanced permit, levels 2, 3, 4, and 5 applications upon receipt and review of staff reports. ( c) The administrative or city manager approval of a special event permit application is granted if the following conditions are met: L The applicant is eligible for a special event permit in accordance with the provisions and requirements of this chapter. 11. The proposed special event complies with applicable provisions of this chapter and administrative regulations and guidelines adopted pertaining to special events. ni. The applicant has paid all required fees; lV. The applicant has agreed to comply with all conditions of the permit, including any conditions imposed pursuant to section 6-3 71. Sec. 6-371. Permit conditions. (a) The city manager may impose conditions upon the approval of a special event permit application, as deemed necessary for the preservation of the health, safety and welfare and the protection of the special event venue or impact area, including but not limited to requiring the permittee to: L retain or hire one or more security officers to provide event security; 11. provide a refundable security deposit to the city, as security for the costs of anticipated city services and/or the potential cost of damages to public facilities that may be associated with the event; m. provide medical services on-site during the special event; lV. submit copies of all promotional materials simultaneously with the posting or distribution of said materials; v. comply with such other additional conditions as are reasonably believed to be necessary to protect the public health, safety, welfare and order, as well as the health and welfare of restricted and other animals, and to minimize adverse impacts upon the surrounding neighborhood and the general community. (b) In determining and imposing conditions, the city manager shall consider anticipated impacts of the event based on an assessment of the event, including size, scope, complexity, location, and history; the applicant's successful implementation of conditions included in previous permits; the public's access to public places and public services; the impact on frequently-utilized special event locations or routes; and the impact on neighborhoods. Conditions shall not be determined or issued based on the programming content of the event or message that the proposed event may convey. Sec. 6-372. Disapproval authority. The city manager may disapprove a special event permit application if any of the following conditions are found to exist: (a) The proposed special event will violate any local, state, or federal law or regulation or administrative rule; r - L L (b) The proposed special event will cause unreasonable injury or damage to the public space requested; ( c) The proposed special event conflicts with a prior permit, or a prior application, for the same public space and for the day or time; ( d) The proposed special event will involve such a number of persons or activities as will exceed the reasonable capacity of the special event venue or impact area; ( e) The resources required to ensure public safety within the proposed special event venue or impact area will prevent the police, fire, or emergency medical services departments from providing reasonable protections to the remainder of the city; (f) The proposed special event will unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles within the proposed special event venue or impact area, or any other portion of the city; (g) The proposed special event will have a substantial adverse impact on the public health, safety, or welfare, including but not limited to substantially and adversely affecting adjacent or neighboring properties by causing excessive noise or creating a nuisance; (h) The proposed special event will result in substantial adverse impacts (including, but not limited to, noise, litter, traffic and congestion) upon the surrounding neighborhood or the city in general; (i) The proposed special event will substantially interfere with construction or maintenance work scheduled to take place upon or along the city streets; G) The applicant demonstrates, or has previously demonstrated, an inability or unwillingness to conduct a special event in compliance with the requirements of this chapter; or (k) The applicant or event organizer has unpaid or past due fees from any prior special event. Sec. 6-373. Appeal. (a) Any applicant aggrieved by the denial of a permit application or who objects to restrictions or conditions included in the special event permit as granted may appeal the matter to the governing body by submitting a written request for the appeal to the city clerk. (b) An appeal shall be considered by the governing body at a regular meeting to be held within fifteen (15) days ofreceipt of the written request for the appeal. (c) Notice of the time and place of the meeting of the governing body at which the appeal wiall be considered shall be given to the applicant in the same manner as provided for the mailing of notice of action or decision. ( d) The governing body may affirm, overrule, or modify the decision of the city manager. (e) Any applicant aggrieved by the governing body's decision may seek judicial review in a manner provided by law. Sec. 6-374. Revocation of special event permits. (a) A special event permit may be revoked by the city manager, and the city manager may order cancellation or termination of a special event, if the city manager or designee determines that allowing the special event to occur or continue would be contrary to the public interest, or the public health, safety, or welfare for one or more of the following reasons: i. The permittee, after receiving a special event permit: (a) fails or refuses to inform the city of significant changes to the special event from what was set out in the application; (b) has submitted false or misleading information as part of the application; (c) fails to comply with a special event permit condition; or ( d) fails to obtain or comply with any other required city, state, or local permit; L ,..., IL A significant number of the participants expected to attend the special event have made it known that they have a specific intent, manifested by specific plans, to engage in or provoke violence; 111. A fully enforced general curfew will be in existence at the time and place for the special event, creating the need to prevent the special event from occurring or continuing at the date, time, and place specified in the special event permit; 1v. There is an emergency that creates the need to prevent the special event from occurring or continuing at the date, time, and place specified in the special event permit; v. After issuance of the special event permit, the city manager discovered that: (a) the special event will conflict with a previously scheduled special event or street closure at the same or adjacent location; (b) the special event activities would violate a city, state, or local law or regulation; or ( c) the permit was otherwise issued in error; or vi. There are grounds for disapproval of the special event permit as stated in section 6- 372. vii. If any special event attendees, spectators, or other participants abuse or destroy City property or equipment. (b) Except as provided in subsection ( c ), written notice of revocation shall be provided to the event organizer and shall specifically set forth the reasons for the revocation. ( c) If there is an emergency requiring immediate revocation of a special event permit, the city manager may notify the permit holder verbally of the revocation, and the revocation shall be immediately effective upon public announcement of the revocation thereof by city employee so authorized by the city manager. ( d) An appeal from a revocation of a special event permit shall be addressed in the same manner and under the same time requirements as disapprovals of special event permits pursuant to section 6- 372. Sec. 6-375. Additional Fees and/or Charges. The city may require payment by the permittee of additional fees and/or charges based upon costs incurred by the city as calculated and imposed pursuant to administrative regulations and guidelines adopted pursuant to sec. 6-331, in the following circustances: (a) Details were not fully disclosed in the permit application and/or application technical meeting; (b) The special event is not in compliance with the stipulations of the special event permit; ( c) The special event requires additional cleaning of the event site; or (d) The special event damages streets, sidewalks, or other public property. Sec. 6-376. Permits not transferrable. A special event permit is non-transferrable. Sec. 6-377. Display of special event permit required. The permitee shall display the special event permit in the manner prescribed by the issued permit, and shall provide the permit on request to a city employee with enforcement or inspection duties related to the special event. Sec. 6-378. Other permits or laws. The issuance of a special event permit under this chapter does not satisfy the requirement to obtain any other permit or approval required by this Salina Code or other applicable state or federal law. Approval of a special event permit does not relieve any person from limitations or restrictions contained in this Salina Code relating to noise, sanitation, the consumption of cereal malt beverages or alcoholic liquor, the discharge of pyrotechnics or fireworks, or street obstructions. "' "' Sec. 6-379. Alcohol. Notwithstanding any provision in this article to the contrary, special events involving the sale or consumption of alcoholic liquor on public right-of-way must be approved by the governing body. Section 2. Repealer. The following exsisting sections are repealed: Sec. 06-16. and Sec. 06-17. -Carnivals, Circuses and Tent Shows Sec. 35-256.1. through Sec. 35-256.4. -Special Event Use of City-Owned Public Parking Lots Chapter 3 8, Article IV -Parades and Processions Section 3. Summary of ordinance for publication. This ordinance shall be published by the following summary: Ordinance No. 22-11141 Summary On December 19, 2022, the City of Salina, Kansas, passed Ordinance No. 22-11141. The ordinance amends Chapter 6 of the Salina Code by adding an article to be numbered Article V regarding the authorization and regulation of special event activities, integrating the subject matter of related existing Salina Code provisions regarding specific types of special events, including carnivals, circuses and tent shows, and special event use of city-owned pubic parking lots; and repealing those related existing code sections, including Section 06-16, Section 06-17, Sections 35-256.l through 35-256.4, and Chapter 38-Article IV. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney. Section 4. Effective date. This ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper. Introduced: Adopted: December 12, 2022 December 19, 2022 Trent W. Davis, M.D., Mayor Certification of Publication Summary: