HomeMy WebLinkAbout2022-R-2 Joint Resolution Establishing Special Events Permitting Process (Between Parks Authority and BPW) PARKS AUTHORITY RESOLUTION NO. 2022-R- a.
BOARD OF PUBLIC WORKS & SAFETY RESOLUTION NO. 2022-R- 3
BEFORE THE JEFFERSONVILLE PARKS AUTHORITY
AND THE BOARD OF PUBLIC WORKS AND SAFETY
STATE OF INDIANA
A JOINT RESOLUTION ESTABLISHING SPECIAL EVENTS PERMITING PROCESS
Section 1. Definitions.
A. "Applicant" means the person, authorized officer, firm or entity seeking a permit under this chapter and
the person, authorized officer, firm or entity to which such permit is issued.
B. "Parks Director" means the city parks director or his/her designee(s).
C. "Event" means a special event or protected special event as defined in this section.
D. "Protected special event" means any event protected under the First and Fourteenth Amendments to
the U.S. Constitution primarily involving political or religious activities intended for the communication or
expression of such ideas. The inclusion of political or religious activities as part of a larger special event
shall not solely by virtue of such inclusion render the special event a protected special event.
E. "Special event" means: (1) any event which is conducted in whole or in part on public property or on
public rights-of-way or easements; or(2) any event held on private property but which would have a direct
and significant impact on ordinary traffic congestion or traffic flow to and from the event over public
streets or rights-of-way; or which would significantly affect public streets or rights-of-way near the event;
or which would significantly affect the need for city-provided emergency services such as police, fire or
medical aid. Special events may include but are not limited to fun runs, roadway foot races, fundraising
walks, auctions, bike-a-thons, parades, carnivals, shows, filming/movie events, circuses, block parties
and fairs.
F. "Special Events Committee" means the committee established by the Parks Authority and the Board of
Public Works and Safety to review applications for a special event permit consisting of the Parks Director,
the Assistant Parks Director, two (2) representatives from the Police Department as chosen by Police
Chief, one(1) representative from the Fire Department as chosen by Fire Chief, the City Safety Director
and the City Street Commissioner.
G. "Board of Public Works and Safety" means the Jeffersonville Board of Public Works and Safety.
H. "Parks Authority" means the Jeffersonville Parks Authority as established by local ordinance.
I. "High impact event" means any event that involves road or public right of way closure with anticipated
attendance of more than 500 people such as parades or festivals or any event that would require in
extensive coordination of city services as determined by the Parks Director.
Section 2. Permit required—Exemptions.
A. No person shall hold or conduct a special event without first obtaining a permit pursuant to this
chapter.
B. No person shall hold or conduct a protected special event without first obtaining a permit pursuant to
this chapter; provided, that such application shall be processed promptly, without charging a fee that
impermissibly infringes on constitutionally protected rights, and without imposing terms or conditions that
impermissibly infringe constitutionally protected rights.
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C. A permit is not required for the following activities; provided, that such activities shall otherwise comply
with all applicable laws, ordinances, rules, and regulations:
1. Special events sponsored in whole or conducted in whole by the city and that occur solely
on city property, rights-of-way or easements.
2. Funeral and wedding processions.
3. Gatherings of 20 or fewer people in a city park, unless merchandise or services are offered
for sale or trade or commercial purposes are involved.
4. Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or
anniversary sales.
5. Garage sales and rummage sales.
6. Residential areas zoned for single-family residential use when the right-of-way immediately
adjacent to the individual's residence is employed for noncommercial special event not
involving buildings or other structures, so long as the public sidewalks and other byways are
not obstructed in any manner; provided, that this exemption shall not be deemed to grant or
vest any right of use, and any such use shall be removed upon the order of the city at the sole
cost and expense of the user.
7. Any improvement, repair or maintenance work performed by the city.
8. Any street, utility or related construction work authorized by another permit or ordinance of
the city.
9. Special events held within a residential subdivision on a non through street; provided, that
any use of public rights-of-way, public property or public easements is approved in writing and
in advance by the parks director.
10. When, in the written opinion of the parks director, the special event will take place entirely
on private property and will not directly and substantially affect or use city services, property,
rights-of-way, or easements.
11. Other similar activities determined to be exempt within the discretion of the parks director.
12. Recreational activities regulated through the city's recreation department; provided, that a
permit may be required under this chapter on the recommendation of the recreation
supervisor for large, special or unusual recreational events such as sporting playoffs, state-
wide tournaments, etc.
Section 3. Applications—Timelines—Fees.
A. Applications for a special event permit shall be filed with the parks director at least 60,days prior to the
date on which the event is to occur(with the exception of application for high impact events shall be filed
at least 6 months prior). The application shall use forms provided by the city and shall be a complete
application. At the discretion of the parks director, an application for a special event permit that is filed
after the filing deadline may be accepted and considered if there is sufficient time to process and
investigate the application and obtain police and other services required for the event.
B. Applications for a protected special event permit should be filed with the parks director within the time
period specified in subsection A of this section, but shall be filed with the parks director at least 20 days
prior to the date on which the event is to occur. The application shall use forms provided by the city and
shall be a complete application. If an application for a protected special event is filed after the minimum
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filing deadline set forth in this subsection, it will be accepted and considered upon a reasonable showing
by the applicant, and determination by the parks director, that the circumstance(s) giving rise to the event
did not reasonably allow the applicant to file within the time limit prescribed. •
C. All applications shall be accompanied by a nonrefundable fee as set forth herein. No application will be
accepted by the city unless accompanied by the required fee at the time the application is filed; provided,
that the parks director may, in his/her discretion, waive or reduce the fee upon a showing of undue
hardship by the applicant. Applicants shall be at least 18 years of age.
Section 4. Evaluation of applications— Permit conditions—Permit issuance.
A. The special events committee is hereby established and shall evaluate each application for compliance
with this chapter, including inquiry into the time, place and manner of the event, the safety and rights of
persons, the protection and use of property, and the control of traffic.
B. The special events committee may condition the issuance of a special event,permit or protected
special event permit by imposing reasonable requirements concerning the time, place and manner of the
event, and such requirements as are necessary to protect the safety and rights of persons and property
and the control of traffic. The scope of conditions applicable to all permits issued under this chapter shall
include the following:
1. Alteration of the time, place and manner proposed for the event.
2. Conditions concerning the area of assembly, route and disbanding of an event.
3. Conditions concerning accommodation of pedestrians or vehicular traffic, including
restricting the event to only a portion of the street or rights-of-way.
4. Compliance with other applicable federal, state or local law or regulation.
5. Requirements reasonably necessary for the preservation of the public health, safety and
welfare.
6. All temporary signage, on and off site, that is associated with the event shall be reviewed
along with and included in the special event permit, and shall not require a separate sign
permit.
C. Conditions upon which the city may issue a special event permit or protected special event permit
include but are not limited to:
1. Requirements for the provision of traffic control devices.
2. Requirements for the provision of first aid or sanitary facilities.
3. Requirements for the provision of event monitors and providing notice of permit conditions
to event participants.
4. Restrictions on the number and type of vehicles, animals or structures at the event, and
inspection and approval of floats, structures, and decorated vehicles for safety.
5. Requirements for use of garbage containers, cleanup, and restoration of city property or
rights-of-way.
6. Restrictions on the use of amplified sound and compliance with noise ordinances,
regulations and laws.
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7. Notice to residents and/or businesses regarding any activity which would require a street
closure or traffic disruption.
8. Restrictions on the sale and/or consumption of alcohol.
9. Elimination of an activity which cannot be mitigated adequately to ensure public safety and
welfare, or which causes undue risk of liability to the city.
10. Requirements regarding the use and compensation of city personnel and use of city
equipment.
11. If the event obstructs a portion of a public sidewalk or other walkway, only one permit, not
to exceed three days' duration, may be issued for that walkway area within every 60-day
period; provided, that this maximum period may be waived with the written permission of all
the adjacent property owners. If the event involves encroachment or partial obstruction of a
sidewalk or other walkway open to the public, a minimum of three feet of unobstructed
sidewalk or other protected walkway(or such amount as may be otherwise required by law)
shall be maintained at all times.
12. Requirements that the applicant indemnify, hold harmless and defend the city, its officers,
agents and employees from all claims, losses, damages, injuries, and liability of whatever
nature that may arise out of or in connection with the event, except those arising from the
city's sole negligence.
13. Requirements to provide written proof of insurance coverage satisfactory to the city law
department.
14. Requirements to prepay all fees, charges, deposits, taxes, insurance and bonds required
by the city.
15. Requirements to reimburse the city for all costs incurred by it to clean, restore or repair
damage to city property, rights-of-way or easements.
16. Requirements to meet such other conditions as needed to reasonably assure that the
event does not in any way create a likelihood of endangering those who are lawfully using
public property, rights-of-way, or easements.
D. The city reserves the right to impose other conditions based upon the particular circumstances of each
event, including but not limited to the applicant's agreement to employ city police officers to direct, block
or control pedestrian or vehicular traffic for the event.
E. All conditions shall be subscribed on or attached to the permit. The applicant and an authorized officer
of the sponsoring organization (if different) shall sign the permit on or before the date of issuance
attesting to (1) his/her knowledge of such conditions and requirements, and (2) his/her agreement to
abide by such conditions and requirements at all times, and (3) binding the sponsoring organization to
such commitments.
F.A permit authorizes the applicant to conduct only such event as is described in the permit, and in
accordance with the terms and conditions thereof, and is not authorization to engage in any other activity.
G. No permit shall be granted for a proposed event which requires the closure or obstruction of a public
street or public right of way without prior approval of the Board of Public Works and Safety.
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H. The permit is conditioned upon the applicant cooperating with city officials to ensure appropriate
measures are taken to protect the public safety including the cooperation with law enforcement in the
event of a threat or perceived threat that may endanger the general public or those attending the event.
Section 5. Denial of application.
A. The city may deny an application for a special event permit or protected special event permit if:
1. The applicant provides false or misleading information; the applicant fails to complete the
application or to supply other required information; or the applicant declares or shows an
unwillingness or inability to comply with the terms or conditions contained in the proposed
permit.
2. The proposed event would conflict with another proximate event, interfere with construction
or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of
abutting properties.
3. The proposed event would unreasonably disrupt the orderly or safe circulation of vehicular
or pedestrian traffic, or would present an unreasonable risk of injury to persons or damage to
the public or property.
4. The proposed event would unreasonably interfere with access for police, fire prevention,
emergency and/or medical services, or would, in the judgment of the special events
committee or the Board of Public Works and Safety, require the diversion of so many police or
other city services or resources that it would unreasonably affect police protection or city
services for the remainder of the city and its residents.
B. In the event subsection (A)(2), (3) or(4) of this section applies, the city shall invite the applicant to
timely submit an alternative date or place for the proposed event before denying the application.
C. Denials shall be issued by the special events committee in writing.
Section 6. Appeal of permit decision.
A. The applicant may appeal the denial of a permit or any permit condition(s) or requirement(s) only as
set forth in this section.
B. An appeal may be commenced and shall be timely only if a written notice of appeal is filed with the city
clerk within five business days after the date of issuance or denial of a permit. The notice of appeal shall
set forth the specific grounds for the appeal, shall attach all relevant documents for consideration
(including the permit or the denial), shall state clearly the relief requested, and shall include the appeal
fee of$100.00. The city clerk shall forward the appeal to the parks director, the Parks Authority, and the
city attorney.
C. The Parks Authority shall schedule and hear the appeal at the earliest convenient date for all
participants, but shall endeavor to do so within 30 days after the filing date of the notice of appeal. The
Parks Authority shall decide the issue(s) specified in the notice of appeal based on the application record
provided by the city clerk, the notice of appeal, any written response by the city, the argument of the
parties at the hearing, and (if determined appropriate by the Parks Authority) the testimony of the parties
at the hearing. Public comment may be heard at the hearing, and if so on such terms and conditions, as
the Parks Authority deems appropriate. The Parks Authority shall issue a written decision within five
business days of the hearing unless the parties agree to an extension. The Parks Authority decision is
final and is not subject to further appeal.
Section 7. Revocation of permits.
A. All permits issued pursuant to this chapter shall be temporary, shall vest no permanent right in the
applicant, and may be summarily revoked by the parks director as follows:
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1. Immediate revocation, with or without notice, if the parks director determines that there is a
violation of or material noncompliance with any of the terms or conditions of the permit.
2. Immediate revocation, with or without notice, if for any reason the event is or shall become
dangerous, or a threat to public health or safety, or if any permitted structure or obstruction is
or shall become insecure or unsafe.
3. Revocation upon 10 days' notice if the basis for revocation is not covered by the preceding
subsections or at the discretion of the parks director.
B. If any violation, noncompliance, use or occupancy for which the permit has been revoked is not
immediately rectified or discontinued, the parks director may cause the removal, repair, discontinuance,
or adjournment as may be necessary to render the same secure and safe, the full cost and expense of
which shall be assessed against the applicant, including all professional fees associated with
enforcement or collection of the same.
C. The action of the parks director under this section is final and is not subject to appeal.
Section 8. Special exemption from fees, deposits, indemnification agreements, and insurance
requirements.
Notwithstanding any other provision of this chapter, no fee, deposit, or charge shall be required for an
event when prohibited by the First and Fourteenth Amendments to the U.S. Constitution. Without limiting
the foregoing, factors that may be considered in evaluating the foregoing include the nature and extent of
commercial or business activities related to or occurring as part of the event(including sales of foods,
products or services); product advertising, sponsorship or promotion for the event; business participation
in the event; the use or application of any funds raised as part of the event; and previous events in a
sequence of events.
Section 9. Insurance.
A. The following minimum insurance coverages shall be required in connection with the issuance of a
permit under this chapter: $1,000,000 commercial general liability insurance per occurrence combined
single limits, and $2,000,000 aggregate.
B. The special events committee shall require written proof of such insurance prior to issuing any permit.
The insurance policy shall be written on an occurrence basis, shall name the city as an additional insured,
shall be written for a period not less than 24 hours prior to the event and extending for a period not less
than 24 hours following the completion of the event, and shall contain a provision prohibiting cancellation
of the policy except upon 30 days' prior written notice to the city.
Section 10. Fees for city services and equipment.
A. On or before issuance of a permit requiring the use of city personnel or equipment, the city should
provide the applicant with a statement of the estimated costs of providing such assistance. The applicant
may be required to prepay these estimated costs at least 10 days prior to the events. City services and
equipment may include the use of police officers and public employees for traffic and crowd control,
pickup and delivery of traffic control devices, picnic tables, and street sweeping; cleanup following the
event, and any other city services applicable to the permit.
B. If the actual costs for city services and equipment used in connection with the event are less than the
estimated prepaid costs, the city will refund the difference. If the actual costs for city services and
equipment used in connection with the event are greater than the estimated prepaid costs, the applicant
shall be billed for the difference.
C. Fees for the use of city services and equipment may be waived in part or in full if the Board of Public
Works and Safety determines that the event is of sufficient public benefit to warrant the expenditure of city
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funds and that such waiver would not result in a gift of public funds or the private financial gain of any
individual contrary to law.
Section 11. Cleanup deposits.
A. The applicant for an event involving the sale of food or beverages for immediate consumption, erection
of structures, horses or other large animals, water aid stations, or any other event likely to create a
substantial need for a cleanup may be required to provide a cleanup deposit prior to the issuance of a
permit.
B. The cleanup deposit will be returned after the event if the area used or affected by the event has been
cleaned and restored to the same condition as existing prior to the event. If the area used or affected by
the event has not been properly cleaned or restored, the city may perform such work and the deposit
shall be applied to pay for such work. If there is any deposit remaining after such work, the city will refund
the difference. If the cost of the work is greater than the deposit, the applicant shall be billed for the
difference.
Section 12. Authorization to promulgate rules and regulations.
The special events committee is authorized to promulgate all necessary rules, regulations, and forms
needed or appropriate to implement or enforce the terms set forth herein.
Section 13.Violations—Penalties.
A. It is unlawful for any person to sponsor or conduct a special event or protected special event requiring
a permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the
duration of the event. It is unlawful for any person to participate in an event with the knowledge that a
permit has not been issued for the event, or with knowledge that a permit has expired or been revoked.
B. It is unlawful for an applicant or event participant to knowingly violate the terms and conditions of a
permit issued pursuant to this chapter. It is unlawful for an applicant to continue operation of an event if
the permit therefor is revoked or expired.
C. The city may take such enforcement action as it deems appropriate to enforce the terms of this
chapter.
Section 14. Savings clause.
If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid
or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this chapter.
Section 15. Effectiveness Date.
This provisions forth herein shall become effective upon the adoption of this joint resolution by both the
Parks Authority and the Board of Public Works and Safety. /1
Resolution No. 2022-R- O, ADOPTED by the Parks Authority on this �."-- day of
likA.)A" , 2022.
Lisa Carter, President
Parks Authority
Attest:
Secretary
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Resolution No. 2022-R-3 ADOPTED by the Board of Publi( •rks and S fety on this
3.4 ?. day of ALAgLyk , 2022.
Mike Moore, Pr sident
Board of Public Works and Safety
Attest:
isa Gill, CI rk
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