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G7-95 st CITY OF ELGIN ORDINANCE NO. G7-95 AN ORDINANCE AMENDING CHAPTER 13 .25 ENTITLED "SPECIAL EVENTS IN PUBLIC PLACES" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 8TH DAY OF FEBRUARY, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 9th day of February, 1995 . r STATE OF ILLINOIS ss . COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on February 8, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G7-95, entitled An Ordinance Amending Chapter 13 .25 Entitled "Special Events in Public Places" of the Elgin Municipal Code, 1976, as Amended, which provided by its terms that it should be published in pamphlet form. f The pamphlet form of Ordinance No. G7-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on February 9, 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on February 9, 1995 . Municipal Clerk (SEAL) r Ordinance No. G7-95 AN ORDINANCE AMENDING CHAPTER 13 .25 ENTITLED "SPECIAL EVENTS IN PUBLIC PLACES" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, Chapter 13 .25 of the Elgin Municipal Code, 1976, as amended, provides for the regulation of special events in public places; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt an ordinance amending the procedures to obtain a permit for special events in public places; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 Constitution of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the adoption of an ordinance providing for procedures to obtain permits for special events in public F places pertains to the government and affairs of the City of Elgin, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 13 . 25 entitled "Special Events in Public Places" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended in its entirety to read as follows : "CHAPTER 13 .25 SPECIAL EVENTS IN PUBLIC PLACES 13 . 25 . 010 Definitions . A. "Assembly" means an event designed, promoted or conducted in order to encourage the gathering of people upon public property at a specified location and shall include any farmers market, flea market, ceremony, show, demonstration, exhibition, street dance, pageant, party, circus, concert, sporting event, game or similar activity, except that a residential block event or parade shall not be considered an assembly for the purposes of this chapter. B. "Parade" means a procession of any kind, which moves from place to place upon public property along a specified route and shall include any march, race, walk-a-thon, bike-a-thon, demonstration, or similar activity. C. "Public Property" shall mean any street, alley, sidewalk, park, parkway or mall, owned, controlled or managed by the City of Elgin. For the purposes of this chapter, public property shall not include Hemmens Auditorium, Lords Park Pavilion, the Wing Park Band Shell and other buildings owned, controlled or managed by the City of Elgin with such buildings and facilities being available for limited public use only pursuant to specific written lease agreements as authorized by the City Council . D. "Residential Block Event" shall mean any event designed, promoted or conducted in order to encourage a gathering of residents of a block upon a local street, or the sidewalks or parkways abutting a local street at a specified location within an area zoned SFR-1, SFR-2, RC-1, RC-2, RC-3, TFR or MFR where the sponsors of such event reside in the block where such gathering takes place. E. "Special Event" means any residential block event, assembly or parade held on public property as defined in this chapter. Special events shall not include funeral processions or events for which all participants use sidewalks, observe e traffic safety and safety regulations and do not interfere with the safe and orderly movement of pedestrians and vehicles . F. "Sponsor" means the person who has applied for a permit under this chapter. The sponsor shall be the person to whom the permit is issued. Section 13 .25 . 020 Special Event - Permit Required. A. Special events sponsored and conducted by not for profit corporations or associations either solely or in conjunction with other such corporations or associations or with a public body or sponsored and conducted by other persons conducting non-commercial civic, religious, recreational or patriotic events may be conducted upon public property subject to the provisions and restrictions contained herein. B. No special event may be conducted upon any public property without first obtaining a permit as provided herein. Section 13 .25 . 030 Permit Application. Persons desiring to conduct a special event upon public property shall file an application with the City' s Director of Parks and Recreation on forms provided. Applications shall be submitted at least thirty ( 30) days prior to the date of the e°°' special event, provided however, applications for a residential block event shall be submitted at least ten ( 10) business days prior to the date of the event. Such application shall include the following information: 1 . The name, address and telephone number of the sponsor and the name, address and telephone number of the sponsor's representatives who will manage or direct the special event and who will be present during the conduct of any such event; 2 . The dates upon which the special event would take place; 3. The hours during which such special event would take place; 4 . The exact location requested, and if it is a parade, the route to be followed; 5 . The nature of the event; 6 . The activities to be conducted; 7 . The estimated number of persons who will attend; 8 . Whether tents or other temporary structures will be eft used; 9 . Whether or not electricity and water will be needed and the manner in which they are to be provided; 10. Whether toilets or other sanitary facilities are to be provided; 11 . Whether barricades, cones or other City equipment is being requested, and if so, what equipment; 12 . Statement as to litter facilities to be provided and plans for litter control and clean up; 13. Statement as to other types of licenses and permits, including liquor license, that have been or will be applied for. Section 13. 25. 040 Application Review - Permit Issuance. A. Upon receipt of a completed application for a special events permit, the Director of Parks and Recreation or his designee shall immediately forward copies thereof to the Director of Public Works, the Chief of Police and other applicable directors of departments or divisions within the City to determine compliance with applicable City ordinances, eft the effect of the event on City resources, and the anticipated effect of the event on public health or safety. Within fourteen ( 14) days after receipt by the Director of Parks and Recreation or within five (5) business days in the case of a residential block event, the respective directors of the departments or divisions shall report t the Director of Parks and Recreation or his designee as to their findings. B. Within twenty-one (21) days after the receipt of a Completed application or seven (7) business days in the case of a residential block event, the Director of Parks and Recreation or his designee shall notify the applicant that he: 1 . Will grant the permit contingent upon submission of evidence of insurance required by Section 13 .25. 060A and upon payment of the estimated cost of additional police and public works services required by Section 13 .25 .070B; 2 . Will deny the permit based upon the criteria set forth in Sections 13. 25 . 040A and B; or 3 . Requires a conference with the applicant to seek clarification or offer suggestions as to alterations in the permit application. If the proposed special event does not comply with the rules and regulations for City of Elgin parks, the Director of Parks and Recreation or his designee may present alternative k locations, times or other conditions that will comply. The sponsor can either accept the Director of Parks and Recreation' s changes or submit a new application that does comply with the issues raised by the Director of Parks and Recreation. Section 13 .25 .050 Permit Denial. A. The Director of Parks and Recreation or his designee is empowered to deny a permit for a special event only if, based upon the completed application and such clarification or alteration of the application received from the applicant, the special event: 1. Will fail to comply with noise, health or safety regulations of the City or otherwise violate applicable ordinance or state statute; 2 . Will unreasonably interfere with or restrict the delivery of City or emergency services or business or residential activity within the proposed event area, on the proposed event route or other areas of the City; 3 . Will unreasonably conflict in time or location with other permitted activities in the proposed event r'' area or proposed event route; 4 . Will damage or destroy City property. B. In addition to and Recreation or the foregoing, the Director special event if the his designee, may deny a of Parks required b sponsor fails to Permit for a Y Section 13. 25. 030B3 attend a conference as repeatedly violated the ordinances offthe hCit chapter or special events within the has past twelve Y with respect to section 13 , (12) month period. 25 .060 Emergency Revocation. Notwithstanding any other the judgment of the Director provision in Parks and this Re code, if in Chief of Police or the Fire Chief ecreation, emergency situation has been created such that ythe? onesi tan use of public property by a permittee will immediately threaten life, health or property, the Director of Parks and Recreation, the Chief of Police or the Fire Chief, or their designees, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing may immediately revoke the permit and require the use of public property to immediately cease. No person shall continue to use public property contrary to such order. Section 13 .25. 070 Permit Conditions - Insurance and Payment for Additional City Services . A. Prior to the issuance of the permit required by this chapter, the sponsor shall provide the Director of Parks and Recreation with a certificate of insurance naming the City as a primary, non-contributory co-insured with limits of not less than $500,000 per occurrence and excess coverage of not less than $5,000,000 covering general liability including personal injury and property damage. Such certificate shall provide that the insurance shall not be terminated or renewed for any reason without thirty (30) days advance written notice to the City. Such insurance shall not be required for residential block events and non-commercial expressive activities protected under the First Amendment of the Constitution of the United States. B. Prior to the issuance of the permit required by this chapter, the sponsor shall also provide the payment of the cost estimated by the City of the direct and reasonable costs incurred by the City to provide additional police and public works services for the special event, except that such payment shall not be required for residential block events and non-commercial expressive activities protected under the First Amendment of the Constitution of the United States . In the event the actual amount of the additional police and public works services incurred for any event exceed the amount of the deposit provided by the sponsor, the City will send the eow sponsor a bill for the additional amount within thirty (30) days of the conclusion of the event. Within thirty (30) days after the date of the bill, the sponsor shall pay to the City said additional costs . In the event the deposit made by the sponsor exceeds the public works actual amount of days of costs incurred the additional the conclusion of the •City will within p°lice and the balance of monies, f the event reimburse to thirty (30) the sponsor C. The Sponsor shall the conclusion pay he the City direct and reasonable costs within thirty up of the Permitted event, the propert as required to provide for clean permittee. Y if such service is not compensation Additionally, the amount of Performed by the for loss or damage to Cit payment shall include City property. D. The sponsor of a special event who acce is a thereby consents to the formation of a contract betwe permit sponsor and the City for payment of costs for the City services and equipment as set forth in this section. of 13.25.080 Sale and Consumption of Alcoholic Liquor. Any sponsor who desires to include the sale of alcoholic liquor in a special event shall be responsible for applying for and obtaining a special event liquor license as provided in Chapter 6 . 06 of this code. Any sponsor who desires to include the sale of alcoholic liquor during a special event shall provide the City with a certificate of insurance evidencing insurance commonly known as Dram Shop insurance and limits of not less than $1,000, 000. Such certificate shall identify the City as a co-insured and shall state that it shall not be terminated or suspended without at least thirty (30) days prior written notice to the City. 13.25 . 090 Sponsor Responsible for Conduct of Special Event. A. The sponsor shall be strictly liable for the acts of its agents, volunteers, officers and employees and shall indemnify and hold harmless the City, its officer, agents and employees from any claim, suit or liability whatsoever including, but not limited to, any court costs or reasonable attorney's fees arising out of or in any way connected with any acts or omissions of sponsor, its agents, volunteers, officers and employees, or the special event. B. Nothing herein shall relieve a sponsor, its officers, agents and employees as well as any other participants, such as restaurants, in any special event from complying with all applicable laws and regulations of the City, State and the United States, including but not limited to obtaining any other permits or approvals as required by law. 13 . 25. 100 Denial of Permit - Right to Appeal . tek The decision of the Director of Parks and Recreation or his designee to deny or revoke a permit required by this chapter shall be appealable by the sponsor to the City 4 ' tianager. Such o the city PPeal shat be initiated by a written notice business y Manager before;he close of the next regular City revocation, after the dte of service of such denial or s � or such appel shall be deemed waived. The sponsor shall be given an }pportunity to be heard by the City Manager or his designee ujon such denial or revocation within (2) bheiness days alter receipt of any such notice of appeal. The City Manager may sustain or reverse the decision Of the Director of Parts and Recreation based on the criteria as set forth in Sections 13.25.040A and B. Such decision shall be made by the City Manager before the close of the next ow regular business y following the conclusion of any such hearing. The sponsor shall receive written notice of the City Manager' s decision, which decision shall be a final decision for the purposes of administrative review. Section 13.25. 110 Interpretation. It is the expressly declared legislative intent that this chapter shall be interpreted and teem fi5te Amendment allow the fullest expression and guarantee safety protection of the public health, consistent with the p of Elgin. " and welfare of the citizens of the City its of ordinances in That all ordin of eth°s ordinance be and are Section 2 • provisions conflict with the p hereby repealed. in full force this ordinance shall ublicatil if the Section 3 . That assag- and p and effect ten days after its P � provided by law. / C ,`, '.,'� manner p „..--,p,,,,,�,` t George 'anDeVoorde, Mayor February 8 , 1995 PresentedFebruarY 8, 1995 Passed. 6 Nays 0 Omnibus Vote: Yeas 1995 Recorded: February 9 , 1995 Published: February 9 , Attest: 1 r CAA. _Clerk Dolonna Mecum, rft. _____,-----------------