§ 22-315. Generally.

(a)

A special event permit shall be obtained from, and issued by, the town clerk with respect to any public land owned or controlled by the town, including, but not limited to, public sidewalks, streets, rights-of-way and parks. It is unlawful to conduct a special event regulated by this article without a permit. The entity or person organizing, sponsoring or conducting the special event shall be responsible for obtaining any required liability insurance policy coverage as well as for applying for a special event permit. An application for a special event permit must be submitted at least 14 days prior the date the special event is intended to occur. The town clerk shall seek the input of the fire, police and public works department. If the special event application is approved by all departments and the event involves less than 1,000 participants, it may be forwarded to mayor for final approval. The mayor shall make a report to the town council regarding any special event issues. If the special event involves more than 1,000 participants, it shall be forwarded to the town council for consideration and approval.

(b)

The application for the permit required herein shall be the activity permit currently utilized by the town. It shall contain the name of the person or entity requesting the permit, the location of the proposed event, the days, times and duration of the event, and whether the special event is intended to include the use of alcoholic beverages. If the special event or use is ongoing, renewal of permit shall be required every two weeks and be subject to the town council's approval.

(c)

A special event permit shall be issued once compliance with the following standards has been met:

(1)

The applicant or sponsors of the special event shall provide liability insurance providing coverage for their organization and naming the town as an additional insured. To the extent reasonably possible, liability insurance coverage shall be in the minimum amounts of $750,000.00 per claimant and $1,500,000.00 per occurrence.

(2)

The applicant for any special event must have a traffic control plan which has previously been reviewed by the public works department. If barricades or traffic control devices are deemed necessary the applicant shall be solely responsible for renting, placing and removing any required barricades or traffic control devices.

(3)

If the special event involves overnight camping, working portable toilet facilities must be made available for the use of the campers.

(4)

No permit shall be necessary for sidewalk picketing or marching being conducted solely on public sidewalks when the picketing is conducted in such a manner that allows pedestrian traffic an opportunity to pass by unobstructed and that allows pedestrian and/or motor vehicle traffic an unobstructed opportunity for ingress and egress to property.

(5)

The police chief or his designee shall be empowered to reasonably designate the route of a parade or event to be consistent with one of the recommended routes approved by the police and public works department. If the applicant is unwilling to modify the application to incorporate this change, the application shall be denied.

(6)

The police chief or his designee may limit use of a street for a special event to one side or portion of a street whenever necessary in the public interest in order to provide and preserve public safety and traffic control in order to permit simultaneous use of streets by those participating in the special event and other motor vehicle traffic.

(7)

If the proposed special event is for the primary purpose of commercial advertising and it would disrupt streets or public places ordinarily subject to great congestion during the time of the special event, or would require such a diversion of police protection that it would deny reasonable police protection to the town, the application may be denied, unless the applicant modifies the proposed special event to satisfactorily deal with these concerns in a manner reasonably acceptable to the police chief or his designee.

(8)

A special event permit application shall be denied if it would require such a substantial amount of police protection for public safety that it would deny reasonable police protection to the remainder of the town.

(9)

A special event permit application shall be denied if the request is for a time and location where a special event or street excavation or construction project has already been scheduled for that time and location and an irreconcilable conflict exists between the two so that they could not reasonably be conducted at the same time and location.

(10)

A special event permit application shall be denied if it:

a.

Would be obscene pursuant to state law;

b.

Would be hazardous to public health or safety;

c.

Would create an extraordinary amount of litter and the applicant has not presented an acceptable, effective plan for the applicant to clean up the litter immediately after the conclusion of the special event; or

d.

Would substantially interfere with emergency ambulance, fire or police service and the applicant fails to modify the application request to satisfactorily alleviate or eliminate this interference with emergency services.

(11)

When such an event will be an exercise of political and religious rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed, without requiring liability insurance.

(12)

Spontaneous special events in response to political and public controversies may not be denied a special event permit.

(d)

Special event permit fee. The fee for a special event permit shall be as established by resolution.

(e)

Length of event. No special event shall be conducted between the hours of 11:00 p.m. and 8:00 a.m., unless overnight camping is allowed.

(f)

Special event permit holders must clean up the public land to a state at least as clean as when they arrived and any permit holder shall be solely responsible for the immediate and timely picking up and removal or proper disposal of garbage at the location where the permittee is present within any town park, open space or trail area.

(g)

The individual or group of individuals in whose name the permit is issued shall be responsible for having the permit present at the site, informing and supervising others with respect to the compliance with town ordinances and state law, the safety, sobriety, conduct and behavior of each member of the group as well as cleaning up the public area prior to, during or immediately at the conclusion of the permit's authorized time period for possessing alcohol in public areas.

(h)

An applicant desiring to appeal any denial of a permit application may immediately appeal by submitting a written request to reconsider the denial of a permit application to the mayor, or in the mayor's absence, the town council president, or, in the town council president's absence, the town clerk. Whoever receives the written request for appeal shall forward it to the town council for consideration, and a decision on appeal will be issued at the next regularly scheduled town council meeting.

(Ord. No. 101, § 2(9.40.020), 8-25-2008; Ord. No. 156, § 1, 2-26-2015)