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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 }Nitre 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. L 2 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 3 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. (iv 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 4 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. 5 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 6 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 7 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. 8 i 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. eiLAI-4,44fr Paul L. ordin, Town Manager William E. Farrell, Town Attorney L 9