Loading...
HomeMy WebLinkAboutORDINANCE NO 14 11 227STATE OF GEORGIA ORDINANCE NO. 14-11-227 COUTY OF FULTON RZ14-14 AN ORDINANCE TO AMEND SECTION 64-1596 EVENT; SPECIAL INDOOR/OUTDOOR, OF THE CITY OF MILTON, GEORGIA CODE OF ORDINANCES, TO INCLUDE PROVISIONS OF CHAPTER 34, ARTICLE III, DIVISION 2, TO STREAMLINE THE EXISTING REGULATION OF SPECIAL EVENTS; AND TO LIMIT SALES FROM VEHICLES AT SPECIAL EVENTS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES BE IT ORDAINED that the City Council of the City of Milton, GA while in a regularly called council meeting on November 17,2014 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. That Chapter 64, Article IX, Division 3, Subdivision II, Section 64-1596 of the Milton Code is hereby amended by deleting the Section in its entirety and replacing it with the language attached hereto as Exhibit "A". SECTION 2. That Chapter 34, Article III, Division 2, Sections 34-63, 34,-64, 34-65 and 34­ 66 are deleted. SECTION 3. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 4. That this Ordinance shall become effective upon its adoption. ORDAINED this the 17th day of November, 2014. Attest: (Seal) PAGE 1 OF 7 Sec. 64-1596. Event; special indoor/outdoor. 1. Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanmg: Special event means any activity which occurs upon private or public property that will significantly affect the ordinary use of the property in such a way as to constitute a public nUisance. a. The term "special event" includes, but is not limited to: i. Fairs; ii. Tours; iii. Grand opening celebrations; iv. Arts festivals; v. Concerts; and vi. Holiday celebrations. b. The term "special event" does not include private social gatherings on private property which will make no use of city streets other than for lawful access and parking. c. The term "special event" also does not include: i. Garage sales; ii. Lawn sales; iii . Rummage sales; or iv. Any similar casual sale of tangible personal property. 2. Required. a. No person or organization shall conduct a special event without first having obtained a special event permit from the city. City staff shall issue a special event permit upon compliance with the requirements of this Section, b. Notwithstanding the issuance of a special event permit, such issuance shall not alleviate the obligation to comply with the requirements of other city departments, such as emergency PAGE 2 OF 7 medical services plans, emergency planning and preparedness plans, tent permits, pyroteclmics permits, food service permits, etc., as well as with other sections of this Code, including, but not limited to those regulating: i. Alcoholic beverages; ii. Business licenses; iii . Fire safety; iv. Zoning; and v. Signs.c. Required districts. All districts. 3. Standards. a. No more than two special event permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be in possession of the applicant and available for inspection during the hours for which the permit is issued. b. City staff will determine if the hours of the special event constitute a public nUisance. c. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. d. The applicant shall provide a notarized written permission statement of the property owner or leaseholder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. e. The entire property shall comply with the zoning district's setback requirements. f. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. g. No tent, table or other temporary structure shall be located within the applicable minimum building setbacks on the subject site. i. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. PAGE 3 OF 7 ii. All tents are subject to the fire department's approval. h. Sales from vehicles are prohibited unless approved for the special event by the Special Event coordinator for the City of Milton. i. The entire property shall comply with city's parking requirements. j. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. k. Sound levels shall be in accordance with article VII of Chapter 20 of the City Code. l. Signage shall be in accordance with article XVI of this zoning ordinance. m. Any special event with an expected attendance of more than 500 at any given time is required to provide a medical team (paramedicIEMT) and two off-duty police officers. Only City of Milton police officers may direct traffic on city streets. Medical teams must be City of Milton Fire Department employees. Police officers shall be compensated at an approved rate per hour with a two hour minimum. Fire Department employees shall be compensated based on the size and infrastructure needs of the event (ambulance, fire truck, etc.). 4. Application. a. Required; fee. An application for a special event permit shall be submitted to the recreation and parks director with a nonrefundable fee in the amount established from time to time by the city council no later than 60 days prior to the proposed event. b. Waiver offeefor charitable event. Upon a written request and submittal of the appropriate documentation, the city manager may waive or reduce the permit application fee for fundraising for charitable events if he or she determines that such fee is overly burdensome to the requestor or does not promote the city's general welfare. c. Contents. The following information shall be provided with every permit application: i. Purpose of the special event; ii. Name, address, and telephone number of sponsoring organization and the individual who is responsible for supervising and directing their proposed event; iii. Proposed date, location, and hours of operation; iv. Schedule of proposed events; PAGE 4OF 7 v. Projected attendance at the event; vi. Plan for parking, restroom facilities and sanitation concerns; and vii. Any other such information as the special events coordinator deems reasonably necessary to determine that the permit meets the requirements of this Section. d. Waiver oftime limit. i. The 60 day time requirement of subsection (a) of this section may be waived by the city manager upon a written request and submittal of the appropriate documentation that shows clear and compelling need of inunediate action. Ignorance of the permit requirement shall not establish clear and convincing need. ii. Notwithstanding the preceding paragraph, no special event permit shall be issued for applications submitted less than three days before a special event. 5. Denial and revocation. a. Reasons for the denial of a special event permit include, but are not limited to, the following: i. The event will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the city; ii. The application contains incomplete or false information; iii. The applicant fails to comply with all terms of this Section, including the failure to remit all fees and deposits or the failure to provide proof of insurance, bonds, and a save-harmless agreement to the city; and iv. The event will last longer than three days. b. Reasons for the revocation of a special event permit include: i. The application contained incomplete or false information; ii. The applicant does not comply with all terms and conditions ofpermit; iii. The applicant fails to arrange for or adequately remit all fees, deposits, insurance, or bonds to the city; iv. A disaster, public calamity, change in applicable law, riot, or other emergency exists. PAGE 5OF 7 All permits issued pursuant to this Section shall be temporary and do not vest any permanent rights. 6. Performance bond. a. Required. A performance bond in the amount of 150 percent of the total estimated costs of the special event to the city shall be remitted to the city before the special event permit is issued. The terms of the bond shall be such that the bond shall not be released until the actual cost of the special event has been paid to the city. For purposes of calculating total estimated costs and the actual cost of the special event, no consideration shall be given to the cost of providing security or traffic control. Furthermore, no consideration may be given to the message of the special event, nor to the content of speech, nor the identity or associational relationships of the applicant, nor to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed as part of the special event. b. Waiver. The requirement in subsection (a) may be waived by the city manager where the city manager finds that, the performance bond would be overly burdensome, would unduly burden speech, would impair the general welfare of the city, or would be unnecessary given the size of the event or the past history. 7. Insurance. a. Required. At the city's request, the applicant may be required to obtain and present evidence of a surety indemnity bond or comprehensive liability insurance naming the city as an additional insured. b. Minimum requirements. The insurance requirement is a minimum of $300,000.00, personal injury per occurrence, and $100,000.00, property damage per occurrence against all claims arising from permits issued pursuant to this article. c. Additional coverage may be required. If the event poses higher risks than covered by such insurance, the applicant shall be responsible for assessing the risks of the event and obtaining additional insurance coverage naming the city as an additional insured. 8. Save-harmless agreement required. The applicant is required to provide a save-harmless agreement in which the applicant agrees to defend, pay, and save harmless the city, its officers, and employees, from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the special event; excepting any claims arising solely out of the negligent acts of the city, its officers, and employees. 9. Cleanup requirements. PAGE 6OF 7 a. A special event pennit may be issued only after adequate waste disposal facilities, including, where necessary, portable toilets, have been identified and evidence of a contract to provide the required facilities is provided by the applicant. b. The applicant will clean public property of rubbish and debris, returning it to its pre-event condition, within 24 hours of the conclusion of the special event. c. If the applicant fails to clean up such refuse, such clean up shall be arranged by the city and the costs charged to the applicant. 12. City invokes sovereign immunity right. a. This section shall not be construed as a waiver of any immunity to which the city is entitled. b. This section shall not be construed as imposing upon the city or its officials or employees or agents any liability or responsibility for any injury or damage to any person in any way connected to the use for which permit has been issued. c. The city and its officials and employees and agents shall not be deemed to have assumed any liability or responsibility by reasons of: i. Inspections perfonned; ii. The issuance of any pennit; or iii. The approval of any public property use. PAGE 70F 7