HomeMy WebLinkAboutOrd 2001-09 ORDINANCE 01-09
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN
CODE, CHAPTER 8, BUSINESS REGULATIONS BY ADDING ARTICLE
8-3 SPECIAL EVENTS CONSISTING OF SECTIONS 8-3-1 THROUGH 8-
3-8.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Town Code of the Town of Fountain Hills, Chapter 8, Business
Regulations is hereby amended by the addition of Article 8-3 special events
consisting of eight sections numbered and titled as set forth in Section 2 hereof.
Section 2. ARTICLE 8-3 SPECIAL EVENTS
8-3-1 Purpose and Intent
8-3-2 Definitions
8-3-3 Exemptions
8-3-4 Permit Required
8-3-5 Permit Applications
8-3-6 Fees and Deposits
8-3-7 Major Event Calendar
8-3-8 Town Council Approval
Section 8-3-1 Purpose and Intent
It is acknowledged by the Town Council that special events potentially enhance the lifestyle of
the citizens of Fountain Hills and create unique venues for expression, entertainment, and
business that are not otherwise provided within the framework of the Town Code.
The purpose of Article 8-3 is to establish a process for permitting and regulating certain
temporary activities conducted on public property, or private property when public safety is
impacted. This Article is intended to provide fair and reasonable regulations governing the time,
place, and manner in which a special event may take place, and in doing so, provide for the
health, safety and welfare of the public.
Section 8-3-2 Definitions
In this article, unless the context otherwise requires:
A. "Block party" means the closure of a short cul-de-sac or a limited-portion of a two-lane
local roadway for a period of less than six (6) hours for the purpose of a neighborhood
gathering. Block party events are exempt from the special event process but do require
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the administrative approval of a properly executed Special Event Permit Application For
Use Of Public Right-Of-Way form available from the office of the Town Clerk.
B. "Charitable nonprofit organization" means any person(s), partnership, association,
corporation or other group whose activities are conducted for unselfish, civic or
humanitarian motives, or for the benefit of others, and not for the commercial gain of any
private individual or group and may include, but shall not be limited to patriotic,
philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural,
charitable, scientific, historical, church, athletic or medical activities. Organizations may
be required to provide proof of federal exemption under 26 U.S.C. Section 501 (c),
Section 501 (d) or Section 501 (e) and rules and regulations of the Commissioner of
Internal Revenue pertaining to the same.
C. "Farmer's market", "bazaar days", "market days", "sidewalk sale", etc. means any
outside retail activity on private property in a commercially zoned district temporarily
extended beyond the normal venue/site of day to day business. D. "Grand-fathered
event" means a major event that has annually occurred in the community for a period
exceeding ten (10) consecutive years and continues to provide a significant benefit to
local organizations, clubs, associations, community groups and the community as a
whole. These events will annually appear on the event calendar but are not exempt from
filing the appropriate application forms and receiving Council approval.
E. "Holiday event" means an event which is related to a recognized holiday or seasonal
event and includes the Thanksgiving Day Parade, the Sunrise Easter Service at Fountain
Park, the July 4th celebration at Fountain Park, and the Holiday Lighting activities on the
Avenue of the Fountains. These events will annually appear on the event calendar but are
not exempt from filing the appropriate application forms and receiving Council approval.
F. "Major event" means an event which will require the closing of any major or minor
arterial town street, sidewalk or right-of-way for more than five (5) consecutive hours;
and will have five hundred (500) or more participants or spectators; and will require
municipal services. Major events shall not exceed a total duration in excess of eighty-
five (85) hours. No more than twelve (12) major events, excluding holiday events,
spaced twenty-five (25) days apart, may be scheduled during any one calendar year.
G. "Minor event" means an event that is not a major event.
H. "Special event" means any major, minor, holiday or grandfathered event that will take
place on a town street, sidewalk or right-of-way, that could cause a significant disruption
of pedestrians or vehicular traffic in the area and that requires traffic safety measures. An
event that takes place on private property, does not require the closure of any Town
street, sidewalk or right-of-way, and does not require any municipal services is not
subject to the special event permit process.
"Sponsor" means the applicant, organizer, operator or principal agent who is responsible
for all aspects of the event's planning, implementation and conduct.
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Section 8-3-3 Exemptions
The only exemptions to the special event permitting requirements of this article shall be:
A. Block parties as defined in Section 8-3-2 of this article.
B. "Farmer's market", "bazaar days", "market days", "sidewalk sale", as defined in Section
8-3-2 of this article. Said activity is limited to four (4) times per year and requires the
application and issuance of a temporary use permit from the Community Development
Department.
C. Garage sales, including carport and yard sales. While exempt from the special event
permitting process, garage sales are subject to the following requirements:
1. The garage sale shall be carried on wholly within the property line on which the
dwelling unit is located.
2. The garage sale must sell items that are primarily surplus to the residential use;
i.e. the sale of 25 bicycles is not a garage sale.
3. The garage sale shall operate for not more than three consecutive days and can
only be held four times within a calendar year at the same dwelling unit.
4. The garage sale and related activity shall be limited to the hours between 7:00
a.m. and 5:00 p.m.
5. Signs must comply with the sign regulations as designated in Chapter 6 of the
Zoning Ordinance for the Town of Fountain Hills.
D. Construction activity within the public rights-of-way that have encroachment permits
approved and issued by the Engineering Department.
E. Holiday sales that are related to a state or nationally recognized holiday or seasonal event
such as Christmas tree or pumpkin sales. Holiday sales must be set up and conducted in
one location and obtain a temporary use permit through the Community Development
Department.
F. Fund-raising events held by charitable nonprofit organizations as described in Section 8-
3-2 of this chapter and that meet the following criteria:
1. The fund-raising event shall be carried on wholly within a religious related
building, a public building, a commercial structure or wholly upon a clearly
defined/designated piece of public or private property.
2. All proceeds derived from the event shall go to the charitable nonprofit
organization. In the case of incidental sales derived from activities such as flea
markets, proceeds shall go to the individual booth holder as long as the
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transactions are non-commercial in nature.
3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare
produced by the event.
4. If the fund-raising event involves outside activity, the operating hours shall be
limited to the hours between 8:00 a.m. and 9:00 p.m. and limited to six (6) outside
events per year per organization.
5. Adequate parking must be available for the fund-raising event. If outdoor events
occupy more than twenty-five (25) percent of the area normally used for parking,
creating the need for off-site parking and the possibility of traffic or safety
hazards, Town officials shall be notified to determine if municipal services are
required.
6. Signs must comply with the sign regulations as designated in Chapter 6 of the
Zoning Ordinance for the Town of Fountain Hills.
7. A temporary use permit may be required through the Community Development
Department.
G. A governmental, educational, or religious organization acting within the scope of its
functions.
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Section 8-3-4 Permit Required
No person shall engage in, participate in, aid, form or start any special event as defined in this
article without first obtaining a special event permit issued by the Town. Failure to comply with
this requirement will constitute a violation of Town Code.
Section 8-3-5 Permit Application
A. Applications for special event permits shall be made on forms furnished by the Town
Clerks office. Every application shall be accompanied by the appropriate application fee
as provided in Section 8-3-6 below.
B. If the event is designed to be held by, and on behalf of or for, any person other than
applicant, the applicant for such permit shall file with the application a communication in
writing from the person proposing to hold the event, authorizing the applicant to apply
for the permit on his behalf.
C. All applications for major events must be completed and submitted to the Town Clerk's
office no less than ninety (90) days prior to the event in order to be considered for
scheduling on the special event calendar as outlined in Section 8-3-7 below. Applications
will not be accepted less than ninety (90) days prior to the event.
D. All applications for minor events must be completed and submitted to the Town Clerk's
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office no less than thirty (30) days prior to the event. Applications will not be accepted
less than thirty (30) days prior to the event.
E. The application for a special event permit shall set forth, at a minimum, the following
information:
1. The name, address, telephone number and driver's license number of the person
seeking to conduct the special event.
2. If the event is to be conducted for, on behalf of, or by an organization or business,
the name, address and telephone number of the headquarters of the organization,
the authorized and responsible heads of the organization, the tax ID number, and
fax number of the organization.
3. The name, address, work and home telephone numbers of the on-site event
manager.
4. The name, address and telephone number of the promoter and sponsor of the
event if different than the applicant.
5. If the event involves sponsorship or participation of a charity, the charity's name,
current tax-exempt status number, and address will be required in addition to the
telephone number of the charity.
6. The name of the event and the location where the event is to take place. If the
event is on private property, the owner's name and telephone number. If
applicable, the location shall include the route to be traveled, the starting and
termination points, and any closures of streets, sidewalks or rights-of-way
requested. A site plan of the event area must be included with the application.
7. A parking plan that is adequate to accommodate the anticipated attendees of the
event. If parking is to be on private property, proof of permission of the property
owner must be included with the application. Parking on the property must be
adequate to serve any existing permanent uses as well as the special event use.
8. A description of the event including activities, anticipated attendance,
entertainment, and type of retail sales. If there will be vendors, artists or
concessionaires, supply a list including business names, owner names, booth
numbers, addresses and Arizona state sales tax numbers. Any changes or
additions shall be submitted to the Clerk's office prior to the end of the first day
of the event.
9. The date and effective hours when the event is to be conducted.
10. The time at which persons involved in the event will begin to assemble or set up
for the event.
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11. The approximate number of persons, vehicles and equipment, if any, which will
be involved in the event; the type of animals, and description of the vehicles or
equipment, if any.
12. Information regarding the amount and type of advertising that will be done to
promote the event.
13. Information on specific features of the event including, but not limited to, tents,
canopies, open flames and cooking, fireworks, temporary fencing, temporary
structures, first aid services, port-a-johns, waste control, generators,
carnival/amusement rides, lighting, signs/banners, and inflatables. Information
should include the company name, address, contact name and telephone number
of the service provider. Event features may require inspection and/or special
permits from building, engineering, fire, and/or health departments. The site of
the event must be adequately served by utilities and sanitary facilities.
14. Description and location of town facilities i.e. electric and/or water that will be
needed for the event.
15. A map and/or site plan clearly depicting the location of all signage, directional
and/or promotional, that will be used in conjunction with the event. Signage shall
not be posted earlier than two weeks prior to the first day of the event and must be
removed within 48 hours following the event's conclusion.
16. Information on event security and emergency medical services including
company names, addresses, contacts, telephone numbers, and scheduled hours
personnel will be at the event.
17. Information regarding the serving of alcohol, if any, at the event and copies of the
appropriate state liquor licenses where applicable.
18. A fee and stipulation section providing an estimate of all non-permit fees as
detailed in Section 8-3-6 of this Article. All applicable Town Departments shall
review the application and recommend stipulations that must be met by the
applicant, at his own cost, to insure the health, safety and welfare of the public.
Each Town Department and the Fire District shall provide cost estimates to be
included on the application form. These fees, where applicable, include but are
not limited to fees for law enforcement, traffic engineering services, field
services, cleaning/damage deposits, and building safety inspections.
19. A certificate of insurance naming the Town as an additional insured must be on
file in the Clerk's office at least ten (10) days prior to the actual event. Such
insurance is to be in limits of not less than $1 million combined single limit
personal injury and property damage covering owned and non-owned auto
liability, premise liability and comprehensive general including product liability
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where indicated. An additional $2 million liquor legal liability policy naming the
Town as an additional insured will be required for events serving liquor. A
separate certificate of insurance for $1 million is required from all carnival and
amusement companies. All companies must be licensed, or authorized to do
business, in Arizona.
20. A certification statement including a liability release and indemnification
agreement signed by an authorized agent. The statement shall include the
applicant's acknowledgment that all transactions in the course of the event are
subject to any applicable city, county and/or state sales tax and assurance that all
event participants shall be notified regarding sales tax regulations.
Section 8-3-6 Fees and Deposits
Any application for a special event will be subject to the applicable deposits and fees as follows:
A. A non-refundable application fee of five hundred dollars ($500) shall be submitted with
each special event application. Applications received without the application fee will not
be accepted. A commercial event sharing sponsorship with a charitable nonprofit
organization shall not be exempt from the $500 dollar application fee.
B. Special event applications submitted by a charitable nonprofit organization as described
in Section 8-3-2.B. shall pay an application fee of one hundred dollars ($100).
Applications received without the application fee will not be accepted.
C. If a major event application is approved by the Town Council for inclusion on the special
event calendar, the applicant shall submit to the Town Clerk's office an amount of money
equal to the estimate of all non-permit fees on the application as specified in Section 8-3-
5.C.18 of this Article. These fees may include but are not limited to permit fees, law
enforcement, traffic engineering, field services, cleaning/damage deposit, building safety.
The purpose of said fees is to fully compensate the Town for any personnel, equipment
and other Town-borne expenses relating to processing and implementing a special event.
Local charitable nonprofit organizations are exempt from non-permit fees except
cleaning/damage deposits and rental fees where applicable. The Town reserves the right
to require charitable nonprofit organizations to obtain services such as law enforcement,
security, emergency medical, traffic engineering, etc. to insure that public safety
standards are met. This exemption does not apply to commercial events sharing
sponsorship with charitable nonprofit organizations.
1. Deposits and fees shall be paid to the Town not more than thirty (30) days after
the Town Council approval of the event. If the deposits and fees are not received
within the specified time, the event will be administratively removed from the
calendar by the Town Clerk and the event will be canceled.
2. A post-event Town expenditure review shall be conducted to determine the
Loy Town's actual event-related expenses. Depending on the results of this review
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and subsequent reconciliation, the Town shall refund any monies received by the
applicant in excess of the actual amount expended by the Town or shall invoice
the applicant for any additional Town-incurred costs not covered by the estimated
deposit.
Section 8-3-7 Major Event Calendar
The following calendar is hereby established for any special event qualifying as a major event:
A. Throughout the year the Town Council shall receive and consider properly processed
special event applications for inclusion on the major event calendar. The calendar will be
for a one-year period commencing on January 1 and concluding on December 31.
B. The major event calendar shall include no more than twelve (12) non-holiday major
events as defined in Section 8-3-2 within each one-year period as described in Section 8-
3-7.A.
C. Holiday events and grandfathered events as defined in Section 8-3-2 shall automatically
be scheduled on the major event calendar on their regularly scheduled dates. Inclusion
on the calendar does not exempt the event sponsor from submitting a special event
request and receiving Council approval.
D. Exempted and holiday events may occur regardless of the major event schedule providing
all requirements of that Section are met.
E. There shall be a minimum of twenty-five (25) days between the last day of one major
non-holiday event and the first day of another major non-holiday event.
F. Two or more separate events may not occupy the same location on the same calendar
day. Event organizers may coordinate and combine their events and jointly file a special
event application. Each separate organizer shall comply with all requirements of the
special event application.
Section 8-3-8 Criteria for Staff Recommendation and Town Council Approval
The following criteria will be used when considering special event applications for inclusion on
the major event calendar:
A. The event provides for the participation of local non-profit organizations who
significantly benefit from the special event and who in turn share those benefits with the
community.
B. The special event is widely attended and supported by the Fountain Hills community.
C. The length of the event does not exceed the maximum length of time allowed by this
article.
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D. The conduct of the event, including street closures, detours and/or disruptions, do not
substantially interrupt the safe and orderly movement of other traffic contiguous to its
location or route.
E. The nature, scope, location, and conduct of the event is not reasonably likely to cause
injury to persons or property or create a hazard to the health, safety and welfare of the
public and the surrounding properties or land uses.
F. The event is consistent and/or compatible with other uses permitted in the zoning district
and with community interests.
G. The special event generates significant sales tax revenue for the Town of Fountain Hills
to be used for community priorities.
H. The special event application has been thoroughly completed, all requirements therein
have been satisfactorily met and application fees have been submitted to the Town.
I. The conduct of the event does not require the diversion of so great a number of Town
staff to prevent normal service to the town or law enforcement officers of the Town to
prevent normal police protection to the Town.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of
Fountain Hills, Arizona this 17`h day of May, 2001.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
(11.4,1AA--a-Q3
�or Sharon Mayor VI c-&. I'Y & or D "- Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM.
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Paul L. ordin, Town Manager William E. Farrell, Town Attorney
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