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23-11177 Defining Rolling Parades and Amending Block Parties Summary published in The Salina Journal on October , 2023.) (Published on the City of Salina's wehsite fora minimum of one week from October , 2023.) ORDINANCE NO. 23-11177 AN ORDINANCE ADDRESSING THE SUBJECT OF SPECIAL EVENT PERMITS AND FEES BY AMENDING SALINA CODE SECTION 6-333 BY DEFINING PARADE, ROLLING PARADE, AND AMENDING THE DEFINITION OF BLOCK PARTIES; z AMENDING SECTION 6-361 BY IDENTIFYING THE PERMIT LEVEL APPLICABLE TO BLOCK PARTIES AND ROLLING PARADES; AMENDING SECTION 6-379 BY ESTABLISHING HOW AN EVENT IS DETERMINED TO BE A ROLLING PARADE; AND REPEALING THE EXISTING SECTIONS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Amendment. Salina Code Section 6-333 is amended to read as follows: 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, not including a collector or arterial street, for a gathering of the occupants adjacent to, and nearby, the closed area. (b) Special event refers to(1)any parade,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) Event organizer means any person who conducts, manages, promotes, organizes, aids, or solicits attendance at a special event. (j) 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. (k) 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. (1) Regular Parade means any march or procession consisting of people, animals, floats, or vehicles, except funeral processions, upon any public street, which does not comply with normal and usual traffic regulations or controls and requires use of static traffic control devices. i I I (m) Rolling Parade means any march or procession consisting of people, animals, floats or vehicles, except funeral processions, upon any public street which, as determined in the discretion of the Salina Police Department, can be safely managed without the use of static traffic control devices, and instead utilizing police escort vehicle(s)with visual and audible signals. Z a w Section 2. Amendment. Salina Code Section 6-361 is amended to read as follows: a Sec. 6-361. Special events; permit types. The following permit types are delineated to help U 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. (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. Block parties, rolling parades, and special events with up to two hundred fifty(250) attendees and require city services; ii. Advanced permit, level 2. Special events with two hundred fifty-one (251) to five hundred (500) attendees and require city services; iii. 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); iv. 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. Section 3. Amendment. Salina Code Section 6-379 is amended to read as follows: Sec. 6-379. Additional requirements. a) All special events may be subject to such additional administrative rules and regulations promulgated by the city manager or designee. b) Block Parties. No person shall organize or conduct a block party unless he/she first obtains a special event permit. i. Collector and arterial streets, as classified by the City, may not be utilized for a block party or other similar neighborhood event. ii. 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 event. iii. Streets may not be blockaded for a period of time 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. I I I ii. The city manager or designee 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. iii. 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 deemed appropriate by the city. v. Events happening in city-owned parking lots between the hours of 8:00am and 5:00pm 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 5:00pm Monday through Friday and at any time on Saturday or Sunday do not require written approval by SDI prior to applying. vii. Use of city-owned parking lots for special events shall not significantly impair downtown business access, needed public parking, or residential parking. viii. 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 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 will be taken from the deposit. Additional fees or fines may also be incurred for improper use of the space. d) Downtown Plazas. i. 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 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. f) Additional Fees and/or Fines: The city may issue additional fees and/or fines, calculated and pursuant to section 2-2, if the special event: i. Details are not fully disclosed in the permit application and/or application technical meeting; ii. Is not in compliance with the stipulations of the special event permit; iii. Requires additional cleaning of the event site; or iv. Damages streets, sidewalks, or other public property. g) Rolling Parade. The determination that a special event qualifies as a rolling parade can only be determined by the Salina Police Department. An event's designation as a a rolling parade will be based on a combination of factors including but not limited to: I I I i. Public safety; ii. Number of participants; iii. Route; iv. Intersections; v. Distance; vi. Vehicle types; vii. People. Section 4. Summary of ordinance for publication. This ordinance shall be published by the following summary: Ordinance No. 23-11177 Summary On October 9, 2023, the City of Salina, Kansas, passed Ordinance No. 23-11177. The ordinance addresses the subject of special event permits and fees by amending Salina Code section 6-333 by defining parade, rolling parade, and amending the definition of block parties; amending Salina Code section 6-361 by identifying the permit level applicable to block parties and rolling parades;amending Salina Code section 6-379 by establishing how an event is determined to be a rolling parade; and repealing the existing sections. 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's legal counsel. Section 5. 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: October 2, 2023 Passed: October 9, 2023 jai/ � n^ Bill Longbine, Vi -Mayor [SEAL] ATTEST: .11 Nikki Goding, City Clerk The A . .lie. 'in su • ary set forth above is certified this f ay of October, 2023. Gre•�A. Bengtso ity •ttorney 1 1 1