HomeMy WebLinkAboutORD 2819ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2819
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 10, ARTICLE 2, SECTION 13 OF CITY CODE WHICH IS THE TEMPORAYR
USE/TRANSIENT MERCHANT /SPECIAL EVENT PERMIT ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
Section 1: Amends Chapter 10, Article 2, Section 13 of the Caldwell City Code, regarding temporary
uses, transient merchants and special event permits, as follows:
(1) Revises the definition of city- sponsored special events and special events by eliminating the
number of participants and by clarifying that a city- sponsored event is wholly or at least fifty
percent initiated, financed or executed by the City of Caldwell or one or more of its
departments.
(2) States that no one shall have a special event without first obtaining a special event permit
through the planning and zoning department.
(3) Identifies those events that are exempt from obtaining a special event permit.
(4) Establishes that there is no charge for the special event application or processing of the permit.
(5) Outlines where to obtain and submit the application.
(6) Establishes a recommended minimum and maximum timeframe for submittal of special event
permit applications.
(7) Identifies that separate licenses or permits may be required as required by Idaho and City Code
as well as Southwest District Health when food or alcohol is involved in the special event.
(8) Identifies cost recovery for use of extraordinary city resources.
(9) Outlines who the special event permit application is sent to for comment and conditions of
approval.
(10) Establishes reasons why permits may be denied.
(11) Establishes an appeal process for denied permits.
(12) Outlines when a permit may be suspended or revoked.
(13) Outlines what is unlawful for any person to do at a special event.
(14) Establishes basis of attendance and participant good faith estimates.
(15) Establishes that the city police department does not provide security for any special events.
(16) Establishes when the city police department is utilized for traffic control.
(17) Outlines requirements for designating individuals responsible for monitoring sanitary and
refuse disposal at a special event. Establishes guidelines for the number of portable toilets to be
provided at a special event.
(18) Outlines requirements for designating individuals responsible for monitoring parking.
(19) Outlines requirements for fire watches.
(20) Outlines method for changing conditions on a special event permit should the parameters of the
event change after the permit has been issued.
Section 2: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3: Provides for severability.
Section 4: Repeals conflicting ordinances, resolutions and orders.
Ordinance No. 2819 provides an effective date, which shall be when published in the Idaho Press
Tribune on the 8th day of March 2010. Ordinance No. 2819 was passed by the Council and approved
by the Mayor on the 1 day of March 2010. The full text of the Ordinance is available at Caldwell
Planning & Zoning Department, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City
Council approved the foregoing summary on the 16 day of February 2010 for publication on the 1St
day of March 2010, pursuant to Idaho Code 50 -901A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of O i
No. 2819 and provides adequate notice to the publ c
the contents of such ordinance.
DATED this 1 day of March 2010
Mark Hilty, Attorney for City of C�
BILL NO.4
ORDINANCE NO. 2819
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 13 OF THE CALDWELL
CITY CODE WHICH IS THE TEMPORARY USE/TRANSIENT MERCHANT /SPECIAL EVENT
PERMIT ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS
THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:
Section 1. Chapter 10, Article 2, Section 13, regarding temporary uses, transient merchants and special event
permits, shall be amended by providing a special events permitting process as follows:
Section 10 -02 -13
(2) Definitions
City- sponsored Special Event: A preplanned single gathering, event or series of related consecutive
daily gatherings or events of an entertainment, cultural, recreational, educational, pel ' ,
or sporting nature, or of any other nature, eNpeeted to draw five hundred (500) or- fner per at
and is, i n wholly or at least fifty percent
50% , initiated, financed, and or executed by the City of Caldwell or one or more of its
departments.
Special Event: A preplanned single gathering, event or series of related consecutive daily gatherings
or events of an entertainment, cultural, recreational, educational, political, religious or sporting
nature, or of any other nature, expeeted to drew five hundred (500) or- iner-e per-seas a4 an,
y
"es of eveffts if eendueted, in City ef Caldwell paf-ks, on City pr-epei4y, or- upon the sidewalks and
s*••°� -C-ity; such as concerts, dances, assemblages, processions, parades, circuses, fairs,
festivals, block parties, community events, mass participation sports (such as marathons and running
events, fun run/walks bicycle races or tours, sports tournaments), or other organized activity
conducted for a common or collective use. ApplieexAs,
ethef-Mse q"if� as a speeial eveftt but expeet less dwa five hundfed (500) per-seas sM1, at thei
(8) St)ecial Event Permits:
A. No person shall stage, promote or conduct any special event as herein defined in the City
without first obtaining a special event permit from the planning and zoning department.
B. The following shall be exempt from having to obtain a special event permit:
1. Funeral processions;
Bill No. 4 (Special Events Ordinance) Pagel of 5
2. Spontaneous events for the purpose of Expressive Activity that occur in response to
breaking, or emergin news
ews;
3. Lawful picketing on sidewalks;
4. Special events held at O'Connor Fieldhouse• O'Connor Parking Lot; Simplot Stadium,
Rodeo mounds Building; Gabiola Fields; Charlios Barns behind O'Connor
Fieldhouse• Wolfe Field; and RV parking area on the corner of 21 s ` Avenue and Arthur
Street,
5. City - sponsored special events, as defined herein,
6. Special events wholly held on private property;
7. Special events that draw or expect to draw two hundred fifty (250) or fewer participants
or spectators at any one session This exemption does not appl t� o any special event
that will necessitate full- or partial- street or alley or partial-lane closures, regardless of
the number of participants or spectators.
8. In determinina whether an event is exempt no consideration shall be given to the
content of any constitutionally-protected expression connected with the planned
activity. No permit shall be required under this section nor any condition imposed on
M permit if requiring _a permit or imposing the condition would violate rights
protected by the Constitution of the United States or by the Constitution of the State of
Idaho.
C. There is no charge for the special event application submittal or processing of the permit.
D. The special event permit application shall be obtained from the planning and zoning department
and completed, signed and submitted to said department along with all required attachments as
listed on the application.
E. All applicants for a special event permit should submit an application for a special event permit
no later than forty -five (45) days and no earlier than one (1) year prior to the date of
commencement of the special event.
F. Separate application is required for licenses and permits related to or necessary for, the special
event including licenses or permits to sell alcoholic beverages as required by Idaho and City
Code or the applicable laws policies and procedures of Southwest District Health Department.
G. Special event applicants, promoters and sponsors whose special events require the use of
extraordinary City resources as a result of their anticipated attendance or heightened security
concerns shall be required to pay for those extraordinary resources as determined by that City's
department Full cost recovery for extraordinary resources shall be required no later than 60
(sixty) days following the conclusion of the special event. Any extraordinary resources for which
there are additional costs shall be solely dedicated to the special event. Any clean-up after an
event that has to be performed by the City to return the site to its normal state shall be charged at
a rate of thirty dollars ($30.00) per hour with a one -hour minimum charge.
H. The planning and zoning _department shall send all special event 4pplications to the following
departments at a minimum for review and required conditions of permit approval:
1. The City Police Department,
2. The City Fire Department;
3. The City Parks and Recreation Department;
4. The City _Streets Department;
5. The Engineering Department;
6. The City Clerk's Office;
7. Any other local agencies City State or Federal agency or department as may be
deemed necessary by the planning and zoning department.
Permits may be denied by the planning and zoning department if
1. The applicant has made any false material representation in the application;
2. The applicant fails to provide any of the items or information required by the
qpplication, including the signature;
Bill No. 4 (Special Events Ordinance) Page 2 of 5
3. The special event will substantially interfere or conflict with any other special event for
which a permit has already been granted or activi1y already scheduled for a site or with
the provision of public safety or other cif services in support of such other previously -
scheduled event;
4. The event coordinator, applicant, promoter, or sponsor failed to pay for any costs
incurred from a previously-permitted event.
J. If a permit is denied the planning and zoning department shall provide the applicant with written
reasons for denial within five (5) business days of the denial date. The applicant, within ten (10)
business days after the date of denial may _appeal the denial to the City Council for a final
decision based upon the documents and circumstances presented to be rendered at the next
regularly scheduled meeting of the City Council.
K. A special event permit may be summari suspended or revoked by the planning and zoning
department for violation of any _provision of this section; for violation by the applicant of any
federal state or local laws or ordinances during the special event; for any violation of any of the
conditions of the permit; or for making any material false representation in an application for a
permit In the event of a suspension or revocation the appeal provisions listed above shall apply,
commencing upon the date of the suspension or revocation notice.
L. At all special events, it shall be unlawful for any person to:
1. conduct, present, stage or promote a special event without a permit;
2. violate any provision of this section;
3. serve or cause to be served alcohol in violation of Idaho Code or City Code;
4. violate any condition of a special events permit.
AM person violating any of the provisions of this section shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one
thousand dollars ($1000.00) or be imprisoned in the Canyon County Jail for a period not
exceeding thirty (30) days, or be both so fined and imprisoned.
M. A good faith estimate for attendance and participation shall be provided by the applicant
promoter, or sponsor and shall be noted on the special event application. The applicant shall
provide a short written statement explaining the basis upon which the estimate is made. The
statement shall include all the relevant factors known at the time, including, without limitation,
past attendance at similar functions having the same and similar performers, both in Caldwell
and comparable communities the price of admission if any and the extent of advertising and
promotion contemplated.
N. The City of Caldwell Police Department does not provide security for any special events, either
on -duty or off -duty, other than those special events that are city-sponsored special events as
defined herein All special events must provide and pgy for their own security. The amount of
security necessary shall be determined by the City of Caldwell Police Department. The applicant
shall designate on the application the agency responsible for providing g ecurity Said agency
shall be approved by the City of Caldwell Police Department. The City of Caldwell Police
Department reserves the right to reject proposed agencies or personnel for required security.
O. The City of Caldwell Police Department shall usually provide traffic control personnel for
special events that require road closures The cost of this provision shall be as determined by said
police department and shall be payable prior to the onset of the event. All traffic control
measures including any required signnage or advance road closure notifications, shall be under
the direction and supervision of the City of Caldwell Police Department. Should additional
traffic control personnel be necessary over and above whatever City of Caldwell Police
Department can provide the applicant shall be responsible for employing and paying said
personnel which personnel shall be approved by the City of Caldwell Police Department and
under the direct supervision of the City of Caldwell Police Department. The City of Caldwell
Police Department shall reserve the ri h�reject proposed agencies or personnel for required
traffic control.
Bill No. 4 (Special Events Ordinance) Page 3 of 5
P. All special events shall designate an individual or individuals who shall be responsible for
monitoring restroom supplies restroom clean-up and refuse disposal. At the discretion of the
city, any sanitary or refuse disposal item mqy be required to be provided, at the expense of the
special event to accommodate the event including, but not limited to, portable toilets additional
restroom supplies additional trash bins etc Such additional requirements shall be listed on the
conditions of approval of the special event permit Failure to provide additional requirements
may result in revocation of the permit.
1) For events of one hundred (100) or fewer people, a minimum of two
restrooms shall be made available.
2) For events exceeding one hundred (100) people, the following table provides
the required number of restrooms or portable toilets that shall be provided:
TABLE 1.1 RESTROOMS/PORTABLE TOILETS
3) The required numbers on Table 1.1 may be increased or decreased at the
discretion of the Parks and Recreation Department, in consultation with
Planning and Zoning depending upon weather, alcohol on the site distance
from the site, etc.
4) Available public restrooms count towards the minimum requirement.
5) One (1 ) of ever twenty (20) restroom units needs to be handicap accessible.
Q. All special events shall designate an individual or individuals to monitor restricted and
designated parking areas for the event. Failure to provide parking monitoring may result in
revocation of the permit.
R. Based upon the location of the event and at the discretion of the Caldwell Fire Department, a
fire watch may be required as a condition of the special event permit. Said fire watch shall be
provided at the sole expense of the applicant.
S. Should the parameters of the special event change which would alter conditions listed on the
special event permit after the special event permit has been issued said parameters should be
submitted to the planning and zoning department for review with possible revised conditions to
follow said review.
T. A right -of -way permit may be required for closures of collector or arterial streets.
Section 2: This ordinance shall be in full force and in effect from and after its passage, approval and
publication, according to law.
Bill No. 4 (Special Events Ordinance) Page 4 of 5
NUMBER
OF HOURS OF EVENT
Attendance
1
2
3
4
5
6
7
8
9
10
101 -500
4
4
4
6
6
6
8
8
8
8
501 -1000
46
6
6
6
8
8
8
8
12
1001-2000
8
8
8
8
8
12
12
12
12
16
2001 — 3000
8
8
10
1 10
10
12
16
16
120
20
3001 —4000
8
8
12
12
16
16
20
24
24
28
4001 — 5000
12
12
12
16
20
30
30
30
30
34
5001 — 6000
12
12
16
16
20
30
30
36
36
40
6001 —7000
12
12
16
20
30
32
40
40
42
52
7001 — 8000
12
12
20
24
32
I 32
40
44
48
54
8001 — 9000
16
16
I 24
128
40
40
52
52
60
64
9001 —1000
16
16
28
40
40
52
1 52
60
60
72
TABLE 1.1 RESTROOMS/PORTABLE TOILETS
3) The required numbers on Table 1.1 may be increased or decreased at the
discretion of the Parks and Recreation Department, in consultation with
Planning and Zoning depending upon weather, alcohol on the site distance
from the site, etc.
4) Available public restrooms count towards the minimum requirement.
5) One (1 ) of ever twenty (20) restroom units needs to be handicap accessible.
Q. All special events shall designate an individual or individuals to monitor restricted and
designated parking areas for the event. Failure to provide parking monitoring may result in
revocation of the permit.
R. Based upon the location of the event and at the discretion of the Caldwell Fire Department, a
fire watch may be required as a condition of the special event permit. Said fire watch shall be
provided at the sole expense of the applicant.
S. Should the parameters of the special event change which would alter conditions listed on the
special event permit after the special event permit has been issued said parameters should be
submitted to the planning and zoning department for review with possible revised conditions to
follow said review.
T. A right -of -way permit may be required for closures of collector or arterial streets.
Section 2: This ordinance shall be in full force and in effect from and after its passage, approval and
publication, according to law.
Bill No. 4 (Special Events Ordinance) Page 4 of 5
Section 3: This ordinance is hereby declared to be severable. If any portion of this ordinance is declared
invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force
and effect and shall be read to carry out the purposes of the ordinance before the declaration of
partial invalidity.
Section 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 1 St day of March,
2010.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 1 St day of March,
011101
Garret Nancolas, Mayor
ATTEST:
Debbie Geyer, City C k
Bill No. 4 (Special Events Ordinance) Page 5 of 5