§ 24-201. Permits for parades and special events.

(a)

Title. This section shall be known as the "City of Fort Smith Parade and Special Events Ordinance."

(b)

Purpose. This section establishes standards for the issuance of permits for parades, athletic events, and other special events in the city in order to recover the full cost of such events to the city and to preserve and protect the public health and safety.

(c)

Definitions. As used herein:

Applicant means any person or organization who seeks a special event permit to conduct or sponsor an event. An applicant must be eighteen (18) years of age or older.

Athletic event means an occasion in which a group of persons collectively engage in a sport, or form of physical exercise, and which is conducted on any city street, sidewalk, alley, public right-of-way, or other property owned or controlled by the city, which obstructs, delays, impedes, impairs or interferes with the usual, normal and free pedestrian or vehicular use, or does not comply with traffic laws and controls. Athletic events include bicycle and foot races.

Block party means a festive gathering on a residential street requiring a closure of a street, or portion thereof, to vehicular traffic, and use of the street for the festivity which may include barbecues, picnics, music, games or dances.

Chief of police means the chief of police or his designated agent.

City administrator means the city administrator or his designated agent.

Event means a parade, athletic event, or other special event.

Parade means and includes a parade, march, procession, pageant, review, ceremony, or exhibition consisting of persons, animals or vehicles, or a combination thereof, which is conducted in, upon, or along any portion of any city street, sidewalk, alley, public right-of-way, or other property owned or controlled by the city, which obstructs, delays, impedes, impairs or interferes with the usual, normal and free pedestrian or vehicular use, or does not comply with traffic laws or controls.

Permit application fee means the fee to be paid by the special event permit applicant at the time the application is filed with the chief of police. A fee schedule shall be authorized or established by the board of directors and shall cover the actual full costs (or a portion thereof) of processing and investigating special event applications.

Permittee means any person or organization who has been issued a special events permit.

Special event means a street fair, art and craft show, carnival, block party, or other neighborhood activity, picnic, dance, rally, promotional or fund raising activity, community celebration and observance, or other organized activity which is conducted on any city street, sidewalk, alley, public right-of-way, or other property owned or controlled by the city, which obstructs, delays, impedes, impairs or interferes with the usual, normal and free pedestrian or vehicular use, or which requires, in the judgment of the chief of police, the deployment of peace officers for crowd control.

(d)

Permit required. Any person desiring to conduct or sponsor a parade, athletic event, or other special event in the city shall first obtain a special event permit. A special event permit is not required for the following:

(1)

Funeral processions;

(2)

Parades involving a total of forty (40) or fewer pedestrians marching along a parade route which is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of fifteen (15) or less, and shall allow vehicles to pass between each unit.

(3)

School events conducted under the authority of the Arkansas Activities Association.

(4)

Block parties as defined herein, provided that a street closing permit must be obtained from the police department at least ten (10) business days prior to the block party. If the chief of police, in his sole discretion, determines that the street closure poses a greater detriment than benefit, no street closing permit shall be issued.

(e)

Application procedure/fee.

(1)

Any person desiring to sponsor a parade, athletic event, or other special event which requires a special event permit, shall apply for a special event permit by filing a verified application with the chief of police on a form supplied by the chief of police. Applications shall be submitted not less than forty-five (45) days before the event date.

(2)

Should the applicant intend for alcoholic beverages to be sold or otherwise distributed at the event, the application for a permit shall be accompanied by:

a.

A copy of the division of alcoholic beverage control of the state (ABC) permit request.

b.

A written plan for preventing the sale or distribution of alcoholic beverages to minors.

c.

A written plan for preventing participants from bringing alcoholic beverages into the event location.

(3)

Upon a showing of good cause, the chief of police shall consider an application which is filed after the deadline if there is sufficient time to process and investigate the application and obtain police services for the event. Good cause may be demonstrated by a showing that the circumstances which gave rise to the permit application did not reasonably allow timely filing and that the event is for the purpose of exercising the right of free speech.

(4)

The application for a permit shall be accompanied by a nonrefundable application fee in the amount determined by the board of directors. The city administrator may, at his discretion, waive the application fee.

(f)

Action on application. The chief of police shall approve, conditionally approve, or deny an application. If the application is denied, or conditionally approved, the chief of police shall inform the applicant in writing of the grounds for denial, or the reason for a change in the date, time, route, or location of the event. The applicant shall be notified of any permit conditions at the time the application is approved.

(g)

Grounds for denial of application or revocation for a special event permit. The chief of police may approve an application for a special event permit unless he determines, from all pertinent information, any of the following which shall be justification to deny an application or to revoke a previously issued permit.

(1)

Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;

(2)

The applicant fails to supply requested information within five (5) calendar days after having been notified of the additional information or documents required;

(3)

The sole purpose of the event is the advertising of any product, good, ware, merchandise or event, and the event is to be held solely for private profit and not for First Amendment expression;

(4)

A special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both events;

(5)

The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to traffic congestion;

(6)

The concentration of persons, animals or vehicles at the site of the event or the assembly and disbanding areas around an event will prevent or unreasonably hinder proper police, fire, or ambulance services to areas contiguous to the event;

(7)

The size of the event will require diversion of so great a number of police officers to insure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent or unreasonably hinder normal protection to the remainder of the city;

(8)

The parade, or other event moving along a route, will not move from its point of origin to its point of termination in three (3) hours or less;

(9)

The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets or any public right-of-way;

(10)

The event shall occur at a location adjacent to a school or class thereof at a time when it is in session, and the noise created by the activities of the event would be likely to substantially disrupt the educational activities of the school or class thereof; or

(11)

The applicant has failed to obtain the necessary division of alcoholic beverage control of the state (ABC) permit or permits or has failed to comply with deadlines for obtaining such permits as may be required by the city or the state.

(h)

Permit conditions. The chief of police may also condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place, and manner of the event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic; provided such conditions shall not unreasonably restrict the right of free speech. Such conditions may include but are not limited to:

(1)

Alteration of the date, time, route or location of the event proposed on the permit application;

(2)

Conditions concerning the area of assembly and disbanding of parade or other activities occurring along a route;

(3)

Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street traversed;

(4)

Requirements for the use of city approved traffic cones or barricades;

(5)

Requirements for provision of first aid or sanitary facilities;

(6)

Requirements for security personnel;

(7)

Requirements for the premises to have adequate ingress and egress;

(8)

Requirements for providing notice of permit conditions to event participants:

(9)

Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for safety by the city fire department;

(10)

Restrictions prohibiting bonfires, campfires, or open flame without written approval from the city fire department.

(11)

Compliance with animal protection ordinances and laws;

(12)

Requirements for use of garbage containers, cleanup and restoration of city property to include the removal of animal feces;

(13)

Restrictions on use of amplified sound;

(14)

Requirements for other reasonable noise controls to protect the public peace;

(15)

Restrictions prohibiting participants from bringing alcoholic beverages into the event location;

(16)

Restrictions limiting the sale of alcoholic beverages to no more than two (2) single-serving containers per person per transaction;

(17)

Restrictions prohibiting the sale of alcoholic or other beverages in glass containers and/or other containers which may be deemed unsafe or may adversely affect the environment;

(18)

Restrictions prohibiting the use of tobacco products, except in designated areas, when the anticipated number of persons attending the event will be of such density that use of tobacco products could affect the health, well-being or comfort of others.

(19)

Requirements that the applicant provide and place printed signs on which the words "No Smoking" shall appear in letters at least four (4) inches high in conspicuous places, when applicable;

(20)

Requirements assuring the use of premises shall not violate the National Electric Safety Code;

(21)

Compliance with any relevant ordinance or law and obtaining any legally required permit or license.

(i)

Permit issuance. The chief of police shall issue the special events permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit, and the following subsections of this section have been complied with:

(1)

Subsection (j) pertaining to indemnification.

(2)

Subsection (k) pertaining to insurance.

(3)

Subsection (l) and (m) pertaining to deposits (when applicable).

(j)

Indemnification agreement. Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization (if any), must sign an agreement to reimburse the city for any costs incurred in repairing damage to city property proximately caused by the actions of the permittee/sponsoring organization, its officers, employees, or agents, or any person who was, under its control insofar as permitted by law. The agreement shall also provide that the permittee/sponsoring organization shall hold harmless, indemnify and defend the city, its officials, agents and employees against any claims, costs, damages, demands, liability and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of the permittee/sponsoring organization, its officers, employees, or agents, or any person under its control in connection with the permitted event, regardless of whether the city is actively negligent or passively negligent. Persons who merely join in a parade or event are not considered by that reason alone to be "under the control" of the permittee/sponsoring organization.

(k)

Insurance.

(1)

The applicant/sponsor of an event must possess or obtain public liability insurance to protect against loss from liability for damages on account of bodily injury and property damage arising from the event. Such insurance shall name on the policy or by endorsement as additional insureds the city, its officers, employees, and agents. Insurance coverage must be maintained for the duration of the event. Coverage shall be a comprehensive general liability insurance policy with the following minimum limits:

Two hundred fifty thousand dollars ($250,000.00) each person bodily injury, five hundred thousand dollars ($500,000.00) each occurrence bodily injury, one hundred thousand dollars ($100,000.00) each occurrence property damage; or

Five hundred thousand dollars ($500,000.00) each occurrence combined single limit bodily injury and property damage.

If food or non-alcoholic beverages are sold or served at the event, the policy must also include an endorsement for products liability in an amount not less than two hundred fifty thousand dollars ($250,000.00). If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor legal liability in an amount not less than five hundred thousand dollars ($500,000.00)

(2)

A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the chief of police no less than five (5) days before the date of the event unless the chief of police for good cause waives the filing deadline. The special event permit shall not be issued until after the insurance policy or certificate of insurance along with necessary endorsements have been filed by the applicant/sponsor and approved by the chief of police.

(3)

The insurance requirements of subsections (1) and (2) above shall be waived by the chief of police for non-athletic events if the following conditions are satisfied:

a.

The applicant or an officer of the sponsoring organization signs a verified statement that the event's purpose is First Amendment expression, and that he has determined that the cost of obtaining insurance is so expensive that it would constitute an unreasonable burden on the right of First Amendment expression, or that it is impossible to obtain insurance coverage. The statement shall include the name and address of at least one (1) insurance agent or other source of insurance coverage contacted to determine insurance premium rates for insurance coverage.

b.

The chief of police may, in his discretion, require the applicant/sponsor to apply for insurance coverage for the event and to provide any information pertinent to qualifying for insurance coverage that meets the requirements of subsections (1) and (2) above. The premium for the insurance coverage may be paid by the city rather than the applicant/sponsor.

(l)

Cleanup deposits for certain special events. The applicant/sponsor of an event involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations shall be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit shall be in the amount established by the city administrator. The area used for the permitted event shall be cleaned and restored to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost incurred by the city for cleanup and restoration, and the cleanup deposit shall be applied toward payment of the bill.

(m)

Event costs to be borne by applicant. All event costs including, but not limited to, costs for cleanup, repair, fire services and police services, shall be the responsibility of the applicant/sponsor. The applicant/sponsor shall be billed the actual costs incurred by the city for such services as determined by the city administrator. The bill shall become due and payable to the city upon its receipt. If the applicant/sponsor disputes the bill, he may appeal to the city administrator within ten (10) days after its receipt. The city administrator may, at his discretion, require the applicant to submit a cash bond to cover estimated costs to the city prior to the issuance of a permit.

(n)

Duties of permittee/sponsor of event. The permittee/sponsor of an event shall comply with all terms, and conditions of the special event permit. Each permittee/sponsor of an event shall ensure that the person leading a parade or other activity along a route, or the person in charge of any other activity shall carry the special event permit on his person for the duration of the event. Each permittee/sponsor of an event shall ensure the area used for the permitted event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event.

(o)

Unlawful to sponsor or participate in an event without a permit. It shall be unlawful for any person to sponsor or conduct a parade, athletic event or other special event requiring a special event permit, unless a permit has been issued for the event. It shall be unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued the required permit. It shall be unlawful for any person to interfere with or disrupt a lawful parade, athletic event, or other special event.

(p)

Unlawful to exceed scope of permit. The special event permit authorizes the permittee/sponsor to conduct only such event as is described in the permit, in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to violate the terms and conditions of the permit, or for any event participant to violate the terms and conditions of the permit.

(q)

Contract. The applicant/sponsor, in tendering his application and receiving a permit, agrees and contracts with the city that he will not exclude at any time any city inspector, police officer or fireman on duty from inspecting, maintaining, and assuring the health, safety and welfare of the citizens of the city.

(r)

Penalties. Any person violating any provision of the parade and special events ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in section 1-9 of this Code.

(Ord. No. 55-03, § I—XIX, 7-15-03)