Loading...
HomeMy WebLinkAboutORD 3076 BILL NO. 50 ORDINANCE NO. 3076 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 09, ARTICLE 07, SECTION 09-07-19, OF THE CALDWELL CITY CODE, PERTAINING TO THE IMPROPER PARKING OF VEHICLES; REPEALING AND DELETING SUBSECTION (8) OF CHAPTER 10, ARTICLE 02, SECTION 13, OF THE CALDWELL CITY CODE, PERTAINING TO SPECIAL EVENT PERMITTING, AND ADOPTING SAID SUBSECTION, WITH MINOR CHANGES, AS A NEW CHAPTER 06, ARTICLE 23, SECTION 06-23-01; PROVIDING 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. That Chapter 9, Article 7, Section 09-07-19, of the Caldwell City Code, pertaining to the improper parking of vehicles, be amended as follows: 09-07-19: IMPROPERLY PARKED VEHICLES: A fine of$75.00 may be issued against the registered owner of anyAxy vehicle parked in violation of traffic regulations or any vehicle parked so as to obstruct the free movement of traffic or causing a traffic hazard, or any vehicle parked in front of a mailbox in a manner that would prevent the distribution of mail by the United States Postal Service.may be removed Provided, further, that any such improperly parked vehicle may also be towed, upon order of the police department, in addition or as an alternative to issuance of the aforementioned fine. control of the police department until the owner or authorized agent pays a reasonable cost of removal and storage in addition to the penalty provided for parked after a period of ten (10) minutes unless said vehicle is parked in a regularly marked parking meter area and in violation of traffic regulations, when vehicle is redeemed within five (5) days, said removal charges shall not exceed five dollars ($5.00); however, if said vehicle is not redeemed within five (5) days, cxpcnscs shall be a lion in favor of the municipality. PAGE-1 Section 2. That Subsection (8) of Chapter 10, Article 02, Section 10-02-13, of the Caldwell City Code, pertaining to special event permits, be deleted, repealed, together with the definitions for "City-sponsored Special Event" and "Special Event" found in Section 10-02- 13(2). The deleted Subsection (8) shall be replaced with the following placeholder: "REPEALED." Section 3. That a new Chapter 06, Article 23, Section 06-23-01 be adopted, pertaining to special event permits, which new section retains the substance of the deleted subsection referencedabove, with minor changes, but relocates it to a more appropriate location within the Caldwell City Code, as follows: 06-23-01: SPECIAL 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 City Clerk's office. B. Definitions: 1. City-sponsored Special Event: A preplanned single gathering, event or series of related consecutive daily gatherings or events of an entertainment, cultural, recreational, educational, or sporting nature, or of any other nature, and is, wholly or at least fifty percent (50%), initiated, financed, or executed by the City of Caldwell or one or more of its departments. 2. 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, 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. C. The following shall be exempt from having to obtain a special event permit: 1. Funeral processions; 2. Spontaneous events for the purpose of expressive activity that occur in response to breaking or emerging news; 3. Lawful picketing on sidewalks; PAGE-2 4. Special events held at O'Connor Fieldhouse; O'Connor Parking Lot; Simplot Stadium; rodeo grounds; fair building; Gabiola Fields; Charolais Barns behind O'Connor Fieldhouse; Wolfe Field; and RV parking area on the corner of 21st 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 apply to 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 determining 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 any 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. D. The applicant shall submit the applicable special event fee with the application as established by resolution of the City Council. E. The special event permit application and accompanying fee shall be overseen by the City Clerk's Office, with administrative determinations made by the City Clerk and the Mayor. F. The applicant shall make reservations for the subject park site through the Parks Department, prior to submitting the Special Event Application to the City Clerk's Office. G. If the applicant will be using the Memorial Park facilities, a$500 deposit must be submitted to the Parks Department at the time of reservation. Other parks may also require a.$500 deposit, dependent upon the usage and size of the event, as determined by the Parks Superintendent. H. The special event permit application shall be obtained from the City Clerk's Office and completed, signed and submitted to said department, along with all required attachments as listed on the application. I. All applicants for a special event permit should submit an application for the permit no later than thirty (30) days and no earlier than one (1) year prior to the date of commencement of the special event. PAGE-3 J. 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 Code and this code, or the applicable laws, policies and procedures of Southwest district health department. K. 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. L. The City Clerk's Office shall send all special event applications 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. Any other local agencies, city, state or federal agency or department as may be deemed necessary by the City Clerk. M. Permits may be denied by the city 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 application, including the signature; 3. The special event will substantially interfere or conflict with any special event for which a permit has already been granted or activity already scheduled for a site or with the provision of public safety or other city services in support of such other previously scheduled event; PAGE-4 4. The event coordinator, applicant, promoter, or sponsor failed to pay for any costs incurred from a previously permitted event. N. If a permit is denied, the City Clerk's Office 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. O. A special event permit may be summarily suspended or revoked by the City Clerk's Office for violation of any provision of this Article, for violation by the applicant of any federal, state or local laws or ordinances during the special event, for violation of any of the conditions of the permit, or for making any false, material 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. P. 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 this code; 4. Violate any condition of a special events permit. Any 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 ($1,000.00) or be imprisoned in the Canyon County Jail for a period not exceeding thirty (30) days, or be both so fined and imprisoned. Q. 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. R. 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 PAGE-5 sponsored special events as defined herein. All special events must provide and pay 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 security. 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. S. 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 signage 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 right to reject proposed agencies or personnel for required traffic control. T. All special events shall designate an individual or individuals who shall be responsible for monitoring restroom supplies, restroom cleanup and refuse disposal. At the discretion of the city, any sanitary or refuse disposal item may 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 (2) 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 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 -1,000 4 6 6 6 6 8 8 8 8 12 1,001 —2,000 8 8 8 8 8 12 12 12 12 16 2,001—3,000 8 8 10 10 10 12 16 16 20 20 3,001 —4,000 8 8 12 12 16 16 20 24 24 28 PAGE-6 4,001 —5,000 12 12 12 16 20 30 30 30 30 34 5,001 —6,000 12 12 16 16 20 30 30 36 36 40 6,001 —7,000 12 12 16 20 30 32 40 40 42 52 7,001—8,000 12 12 20 24 32 32 40 44 48 54 8,001 —9,000 16 16 24 28 40 40 52 52 60 64 9,001 -10,000 16 16 28 40 40 52 52 60 60 72 3. The required numbers on table 1.1 of this subsection may be increased or decreased at the discretion of the parks and recreation department, in consultation with the City Clerk's Office, depending upon weather, alcohol on the site, distance from the site, etc. 4. Available public restrooms count toward the minimum requirement. 5. One of every twenty (20) restroom units needs to be handicap accessible. U. 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. V. 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. W. 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 City Clerk's Office for review with possible revised conditions to follow said review. X. A right of way permit may be required for closures of collector or arterial streets. Section 4. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 5. 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 6. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PAGE-7 PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 5th day of December, 2016. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 5th day of Dec ber,2016. mte ATTEST: & Mayor Garret Nancolas City Clerk(or Deputy) •. OF CALF•.. Ii C �% ' *i`r►i i i JAN i, 1;6%. ni i � i PAGE-8 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO.3076 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL,AMENDING CHAPTER 09, ARTICLE 07, SECTION 09-07-19, OF THE CALDWELL CITY CODE, PERTAINING TO THE IMPROPER PARKING OF VEHICLES; REPEALING AND DELETING SUBSECTION(8) OF CHAPTER 10, ARTICLE 02, SECTION 13, OF THE CALDWELL CITY CODE, PERTAINING TO SPECIAL EVENT PERMITTING, AND ADOPTING SAID SUBSECTION, WITH MINOR CHANGES, AS A NEW CHAPTER 06, ARTICLE 23, SECTION 06-23-01; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Sections 1 through 3: Amends Section 09-07-19 of the Caldwell City Code so as to make it illegal to park in front of a mailbox in a manner that would prevent the distribution of mail by the U.S. Postal Service, providing that a fine of $75.00 may be issued for improper parking, in addition or as an alternative to towing any such improperly parked vehicle, and to otherwise simplify said section; Deletes and repeals Subsection 8 of Section 10-02-13, pertaining to special event permitting, and adopts said subsection,with minor changes,as a new Chapter 6,Article 23, Section 06-23-01. Sections 4 through 6: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances,resolutions,and orders. Ordinance No. 3076 provides an effective date, which shall be on the 11th day of December. Ordinance No. 3076 was passed by the Council and approved by the Mayor on the 5th day of December. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 5th day of December, for publication on the 1 lth day of December,pursuant to Idaho Code § 50-901A. Mayor Garret 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 Ordinance No. 3076 and provides adequate notice to the public as to the contents of such ordinance. DATED this 5th day of December. Mark Hilly,Attorney for City of Caldwe