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HomeMy WebLinkAboutOrdinances 22-06-515 - 06/20/2022 - Amend Chapter 34 - Parks, Recreation, and Cultural Affairs - Special EventsSTATE OF GEORGIA COUNTY OF FULTON ORDINANCE '1_J-Ofo-oJS"' AN ORDINANCE TO AMEND CHAPTER 34 -PARKS , RECREATION, AND CULTURAL AFFAIRS AND APPENDIX A OF THE MILTON CODE OF ORDINANCES TO ESTABLISH ARTICLE Ill CULTURAL AFFAIRS, CREATE SEC. 34-25 EVENT, SPECIAL INDOOR/OUTDOOR, AND APPROVE ASSOCIATED FEES BE IT ORDAINED by the City Council of the City of Mi lton , GA while in a regularly called council meeting on June 20 , 2022, at 6:00 p.m. as fol lows: SECTION 1. That the amendmen t of Chapter 34 -Parks, Recreation , and Cultural Affairs and Appendix A of the Mil t on Code of Ord inances to establish Article Ill Cultura l Affai rs, Create Sec. 34-25 Event, specia l indoor/outdoor, and Approve Associated Fees is hereby adopted and approved; and is attached hereto as if fully set forth herein , and; SECTION 2. All ord inances, parts of ord in ances , or regu lations in co nflict herewith are repea led. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 20 th day of June 2022 . Attest: Chapter 34-Parks. Recreation, and Cultural Affairs. Article Ill. -Cultural Affairs. Sec. 34-25-Event, special indoor/outdoor (a) 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 meaning: City Code shall mean the official Code for the City of Milton. Department shall mean an administrative division of City government. Greenspace shall have the same meaning as in Sec. 50-115/el. Legacy event shall mean a special event that has been held annually in the City of Milton in substantially the same form at least once per calendar year for a minimum of 5 consecutive years. The designation of a special event as a legacy event shall vest in the sole discretion of the City Manager or his/her designee. Noise disturbance shall mean any noise that is prohibited by the Milton noise ordinance, Article VII of the Milton Code. One-time event shall mean a special event that is non-~ecurring and intended to be singular in nature and does not otherwise qualify as a Legacy event. Outdoor auditorium shall mean the same as set forth in Chapter 64. Private party shall mean a gathering on private property where invitations establish who can attend the function and the general public is not invited and may not attend. Recurring event(s/ shall mean a series of similar events during a single calendar year that are reasonably expected to require the same general expenditure of City resources for each event, and that are applied for under one application. Recurring events shall submit one application fee. While only a single application will be submitted, each individual event will be issued a separate special event permit and each such event will count toward the total number of special event permits allowed on the same property during a single calendar year. Residential property shall have the same meaning as the term "residentially used property" in Sec. 20-656 of the City Code. Special event shall mean any event that meets the qualifications set forth below: AMENDMENT TO CHAPTER 34 -PARKS, RECREATION, AND CULTURAL AFFIARD AND APPENDIX A - EVENT, SPECIAL INDOOR/OUTDOOR PREPARED FOR MAYOR & COUNCIL ON 6.20.2022 REGULAR COUNCIL MEETING -(FIRST PRESENTAT ION ON 6 .06.2022 REGULAR COUNCIL MEETING 1 / 1 l The term "special event" shall be any event that meets the definitions in 'a ' I 1-3), or 'b' (1-3) below: a. an event on City-owned property, or at an outdoor auditorium, that meets the following criteria: 1. The event is reasonably expected to result in more than 100 people gathering at any one time; and 2. The event is reasonably expected to have a substantial impact on the City property and/or is reasonably expected to require substantial public services; and/or 3. During the event, the property will not be used for its ordinary governmental purpose and will be dedicated exclusively to the event: or. in the case of an outdoor auditorium, the private property will be dedicated exclusively to the event. b. an event on privately owned property, not otherwise regulated by Sec. 34- 25/al ( l ){al, that meets the following criteria: 1. The event is reasonably expected to result in attendance of more than 100 people at any given time: and 2. The event is reasonably expected to have a substantial impact on City- owned properties, to include traffic loading, parking, and right of way usage and/or the is reasonably expected to require the provision of substantial public services: or 3. The event will charge admission, and/or the property owner will generate revenue or income from commercial sales. (21 Special event does not include private parties on private property, hosted and attended by the owner of the property, that otherwise does not meet the qualifications outlined in Sec. 34-25/al/1 ). Substantial impact shall mean a significant deviation or interruption from the public's normal and customary use of a City-owned park, other City-owned property, public street, roadway, right of way or public space. Whether a special event will have a substantial impact shall be determined by the City Manager or his/her designee. Substantial public services shall mean a significant increase in the amount, scope, or level of required fire, police, traffic control, or other public service accommodations over and above those normally required in the absence of the event. Whether a special event will require substantial public services shall be determined by the City Manager or his/her designee. Zoning Ordinance shall mean Chapter 64 of the City Code. AMENDMENT TO CHAPTER 34-PARKS, RECREATION, AND CULTURAL AFFIARD AND APPENDIX A - EVENT, SPECIAL INDOOR/OUTDOOR PREPARED FOR MAYOR & COUNCIL ON 6 .20 .2022 REGULAR COUNCIL MEETING -(FIRST PRESENTATION ON 6 .06.2022 REGULAR COUNCIL MEETING 2 (b) Required. ( 1) Approved special event permit required. No person, business or organization shall conduct a special event without having first obtained a special event permit from the City. City staff shall issue a special event permit upon compliance with the requirements of this section. (2) 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 medical services plans, emergency planning and preparedness plans, tent permits, food service permits, etc., as well as with other sections of this Code, including, but not limited to those regulating alcoholic beverages, business licenses, fire safety, zoning, and signs. (3) Display of special event permit. A copy of the special event permit shall be prominently displayed at the special event venue in the method prescribed by the City Manager or his/her designee and shall be produced upon the demand of any City official. (4) Emergency Medical Services. Any special event with an expected attendance of more than 500 people at any given time is required to provide, at the organizer's cost, a medical team (paramedic/EMT) and a minimum of two off-duty police officers. The number of police officers required for permitted special events shall be determined by the City of Milton Chief of Police. Only City of Milton police officers may direct traffic on City streets. Medical teams must be City of Milton Fire Department employees. Medical teams and fire safety requirements shall be determined by the City of Milton Chief of Fire. Police officers shall be reasonably compensated at an approved per hour rate with a two-hour minimum. Fire department employees shall be reasonably compensated based on the size and infrastructure needs of the event (ambulance, fire truck, etc.) and shall be determined by the City of Milton Fire Department. (c) Standards. ( 1 l Number of special events. a. Outdoor auditorium: A maximum of twelve ( 12) Special event permits issued per calendar year. b. Special events occurring anywhere other than an outdoor auditorium: A maximum of two (2) Special Event Permits issued per calendar year per location. c. There shall be no limitation on City-hosted or City-sponsored events. (2) Permitted special events, along with City-sponsored special events, may be granted approval for participation of food trucks upon review by the City Manager and his/her designee. The number of trucks authorized will be reviewed on a per-event basis. AMENDMENT TO CHAPTER 34-PARKS, RECREATION , AND CULTURAL AFFIARD AND APPENDIX A - EVENT, SPECIAL INDOOR/OUTDOOR PREPARED FOR MAYOR & COUNCIL ON 6 .20.2022 REGULAR COUNCIL MEETING -(FIRST PRESENTATION ON 6 .06 .2022 REGULAR COUNCIL MEETING 3 /3) No issued permit shall be effective for more than three (3) consecutive days for a single event on the same property. /4) For all events occurring on property other than property owned by the applicant or an approved City facility, the applicant shall provide a notarized statement issued by the property owner or leaseholder authorizing use of the property for the special event. A 24-hour contact number of the property owner or leaseholder shall be provided along with the permit application. (5) The special event property shall comply with the zoning district's setback requirements. (6) No temporary sanitary facility or trash receptacle serving the special event may be located within 100 feet of a property line of any residential use . (7) No tent, table or other temporary structure serving the special event shall be located within the applicable minimum building setbacks. 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. All tents serving the special event are subject to the fire department's approval. (8) No equipment or activity associated with the special event shall block access to a public facility such as a telephone booth, mailbox, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. (9) Sound levels shall be in accordance with article VII of Chapter 20 of the City Code. ( 10) Signage shall comply with article XVI of the zoning ordinance . ( 11) Sales from vehicles are prohibited unless approved by the City Manager or his/her designee for the City of Milton. ( 12) The special event property shall comply with the City's parking requirements. (d) Application ( 1) Required: fee. A non-refundable permit application fee, paid in full, for a special event shall be submitted to the City of Milton in the amount established by the City council no later than 60 days prior to the proposed special event. (2) Applications received less than 60 days prior to the proposed special event may not be accepted or processed. An application received less than 60 days prior to the AMENDMENT TO CHAPTER 34 -PARKS , RECREATION , AND CULTURAL AFFIARD AND APPENDIX A- EVENT, SPECIAL INDOOR/OUTDOOR PREPARED FOR MAYOR & COUNCIL ON 6.20 .2022 REGULAR COUNCIL MEETING -(FIRST PRESENTATION ON 6 .06.2022 REGULAR COUNCIL MEETING 4 special event shall only be processed if, in the reasonable good faith discretion of the City Manager or his/her designee, it is determined that the application can be thoroughly reviewed and processed within the abbreviated timeframe . (3) Applications Fee Structure: a. One-time event b. Recurring event c . Legacy event (4) Fire Marshal Inspection Fee. The special event permit application fee in this section is separate from the required Fire Marshal Inspection fee as set forth in the City Fire Department fee schedule. (5) Expedited fee. Special event permit applications submitted less than 60 days prior to the scheduled date of the event, if considered, will be subject to an enhanced processing fee, in an amount determined by the City council and outlined in Appendix A. (6) Contents. Applicants shall submit all documentation as required in the special event permit application. The following information shall be provided: a. Purpose of the special event, including event details and description; b. Name, address. and telephone number of sponsoring organization and the individual responsible for supervising and directing the proposed special event; c. Proposed date, location. and hours of operation (to include set-up time and clean-up time for the event); d. Overall site plan/site map of the event location. Plan must be drawn to scale and include property boundaries and setbacks, existing buildings. structures, parking, and curb cuts permanently located on site, and any proposed temporary structures including buildings, tents, structures; e. Site plan/site map must include details pertaining to ingress, egress, road closures, traffic patterns and parking; f. Site plan/site map, no larger in size than l l inches by l 7 inches, with dimensions /distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as set forth in the City's code shall be submitted with the special event permit application and is subject to approval by the City Manager or his/her designee. Said drawing shall also depict north arrow, curb cuts, and traffic patterns: g. Schedule of proposed events: h. Projected attendance at the event; estimated average in attendance at any one time and estimated total for the duration of the event; i. Plan for restroom facilities and sanitation concerns; j. Proper waste management, recycling, and compost receptacles, if applicable, and a disposal/clean-up plan; AMENDMENT TO CHAPTER 34-PARKS , RECREATION, AND CULTURAL AFFIARD AND APPENDIX A - EVENT, SPECIAL INDOOR/OUTDOOR PREPARED FOR MAYOR & COUNCIL ON 6.20.2022 REGULAR COUNCIL MEETING -(FIRST PRESENTATION ON 6 .06.2022 REGULAR COUNCIL MEETING 5 k. Plan for compliance with health and sanitary regulations as explicated by county and state health authorities for the event; I. Plan for emergency communication ; m. Safety/emergency plan; n. Proof of insurance; o. Any other information that the C ity Manager or his/her designee deem reasonably necessary to determine if the specia l event and the associated permit meets the requirements of this section. (e) Denial or revocation. ( 1) Reasons for the denial or revocation of a special event permit, whether a one-time event or recurring, include the following : a. The event will require an expenditures of City employees and/or resources such that allowing the event would unreasonably divert services away from the remainder of the City.: b. The application contains incomplete or false information: c. The applicant has tendered an incomplete application, 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 d . The event will unduly disrupt traffic in the City, in the discretion of the City Manager or his/her designee. e . The event will unreasonably interfere or impede access to firefighting equipment or fire hydrants. f. The event will unduly interfere with another event already scheduled for the same time, other City activities, or use of facilities by City residents; g. A recurring event that did not ( 1 I leave the site clean and orderly, (21 pay in full for City services, (31 notify surrounding businesses and residences of the special event, or in any other way violated the application and permit requirements; h. A special event that the City of Milton Risk Manager, in his/her good faith discretion based upon a review of all available information, declares to be unsafe and a threat to the public health, safety, and welfare. i. Failure to submit City of Milton special event application or permit requests; j. Estimated attendance at the special event is too large for the proposed venue; k. Failure to comply with the requirements of a City department, or failure to reserve that amount of City resources and staffing reasonably necessitated by the special event. I. Reasons deemed necessary for denial or revocation by the City Manager or his/her designee. (2) Reasons for the revocation of a city permit include: a . The application contained incomplete or false information; AMENDMENT TO CHAPTER 34 -PARKS, RECREATION , AND CULTURAL AFFIARD AND APPENDIX A - EVENT, SPECIAL INDOOR/OUTDOOR PREPARED FOR MAYOR & COUNCIL ON 6 .20 .2022 REGULAR COUNCIL MEETING -(FIRST PRESENTATION ON 6 .06.2022 REGULAR COUNCIL MEETING 6 b . The applicant does not comply with the terms and conditions of the issued permit; c. The applicant fails to remit all fees, deposits, insurance, or bonds to the City; d. A disaster, public calamity, change in applicable law, riot, or other emergency occurs. All permits issued pursuant to this section shall be temporary and do not vest any permanent rights . (Q Performance bond. ( l) Required. A performance bond in the amount of 150 percent of the total est im ated costs of the special event to the City shall be remitted to the City before the special event 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. (2) Waiver. The requirement in subsection /fl/ l l may be waived by the City Manager or his/her designee where the City Manager or his/her designee 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. (q) Insurance. ( 1) 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. (2) 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 . (3) Additional coverage may be required. If t he 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 in sured. AMENDMENT TO CHAPTER 34-PARKS, RECREATION , AND CULTURAL AFFIARD AND APPENDIX A- EVENT, SPECIAL INDOOR/OUTDOOR PREPARED FOR MAYOR & COUNCIL ON 6.20 .2022 REGULAR COUNCIL MEETING -(FIRST PRESENTATION ON 6 .06.2022 REGULAR COUNCIL MEETING 7 (h) 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. m Cleanup requirements. ( 1) A special event permit 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. (2) The applicant will clean public property of rubbish and debris, returning it to its pre-event condition, within 3 hours of the end of the special event. (3) If any rental equipment or other event items are unable to be removed from the property within 3 hours of the end of the special event, prior approval will be needed by the City Manager or his/her designee. (4) If the applicant fails to return City property to its pre-event condition, such clean up shall be arranged by the City and the costs charged to the applicant. m City invokes sovereign immunity right. ( 1) This section shall not be construed as a waiver of any immunity to which the City is entitled. (2) 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. (3) The City and its officials and employees and agents shall not be deemed to have assumed any liability or responsibility by reasons of: a. Inspections performed; b. The issuance of any permit; or c. The approval of any public property use . AMENDMENT TO CHAPTER 34-PARKS, RECREATION , AND CULTURAL AFFIARD AND APPENDIX A- EVENT, SPECIAL INDOOR/OUTDOOR PREPARED FOR MAYOR & COUNCIL ON 6 .20 .2022 REGULAR COUNCIL MEETING -(FIRST PRESENTATION ON 6 .06 .2022 REGULAR COUNCIL MEETING 8 Appendix A-Fees and Other Charges Section Description Amount (in dollars) 34 -25(dl (4) (al One-time event $ 150.00Lper application application 34-25(dl (4) (bl Recurring even t $150.00Lpe r application a ~~lication 34-25(dl (4l (cl Legac:z:: event application $75 .00Lper application 34-25(dl (6l Expedited Processing Fee $100.00 additional fee applied per exped ited applica t ion AMENDMENT TO CHAPTER 34-PARKS, RECREATION, AND CULTURAL AFFIARD AND APPENDIX A- EVENT, SPECIAL INDOOR/OUTDOOR PREPARED FOR MAYOR & COUNCIL ON 6 .20.2022 REGULAR COUNCIL MEETING -(FIRST PRESENTATION ON 6.06.2022 REGULAR COUNCIL MEETING 9