Town Code: 9-3 Special Events Permit
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ARTICLE 9-3 SPECIAL EVENTS PERMIT Section 9-3-1 Purpose; Definitions Section 9-3-2 Permit Required Section 9-3-3 Waiver Of Fees Section 9-3-4 Conditions Section 9-3-5 Grounds For Denial Section 9-3-6 Waivers Section 9-3-1 Purpose; Definitions A. The purpose of this Chapter is to establish a process for permitting and regulating certain temporary activities conducted on public property or private property when public safety is potentially impacted. This Chapter is adopted pursuant to the authority of A.R.S. §9-240, as amended, and 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 and assist the Town and its appropriate officers in enforcing applicable provisions of A.R.S. Title 9 and Title 36. B. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 1. “Special Event” means any public or private function which: a. Requires temporary parking areas; or b. Is held in a public park or on public right-of-way; or c. Has amplified music or voices which can be heard outside of the event location; or d. Requires temporary traffic control to provide for safe ingress and egress to the event venue; or e. Requires a Special Event Liquor License; or f. Requires temporary sanitation facilities; or g. Requires the installation of temporary structures or tents of more than 120 square feet; or h. Has other adverse impact on public health, safety and/or welfare. 2. Special Event shall not include: a. School functions at school facilities, unless spillover (as defined below) is anticipated; or b. Ordinary and customary events at a venue designed to accommodate them. 3. “Spillover” means when participants of, or spectators to, a Special Event congregate on, park, or move to any property or right-of-way not associated with the event venue. Section 9-3-2 Permit Required Any person or organization wishing to operate, maintain or conduct a Special Event within the Town limits must first obtain a Special Event Permit to do so. The written application to the Town should be submitted at least 30 days before the first day of the proposed special event. If the application is not submitted at least 30 days before the event, the Town may, in its discretion, process the application if doing so will not interfere with other staff duties. The sponsoring organization can apply for a blanket permit for a six (6) month period for reoccurring events on behalf of the individual vendors. Individual vendors shall still be required to pay for a Town Special Event Permit or a regular annual Business License in the case of reoccurring events. No Permit shall be issued until all conditions required pursuant to this Chapter have been met and fulfilled. The maximum number of people permitted at any event will be based upon the nature of the event and the physical capacity of the site where the event will take place. Section 9-3-3 Waiver Of Fees Certain events may be eligible for fee waivers at Town facilities. The Town Manager shall have the discretion to waive fees for: A. Government agencies, if hosting a public meeting. B. Professional Government Organizations, where the Town of Wickenburg is the host. C. Local Emergency Relief efforts. D. Other events as deemed appropriate by the Town Manager that create positive economic impacts for the Town so long as the total fee waived does not exceed 50% of the total fees charged. Any other fee waivers shall require Town Council approval. (Ord. 1182/04-18) HISTORY Amended by Ord. 1182 on 3/19/2018 Section 9-3-4 Conditions A. Noise Standards. It shall be unlawful for any person entity or operation at any Special Event to create any amplified noise, or to allow the creation of any amplified noise, which causes the noise level measured on any residential property outside of the Special Event venue to exceed the noise regulations found in Town Code Section 10-1-11. B. Sanitation. 1. The applicant shall provide and maintain toilet and hand washing facilities that are adequate for the anticipated maximum attendance and event duration as directed by the Public Works Department and County Health Department. 2. The applicant shall provide and maintain an adequate number of trash receptacles based on the size of the event (square footage), number of projected attendees and nature of event as approved by the Public Works Director. If the event is large enough, arrangements shall be made through the Public Works Department for sanitation pickups at scheduled intervals during the period of the special event. 3. All food vendors shall comply with the requirements of the County Health Department for permits and food handling practices. C. Security. The applicant may be required, at the applicant’s expense, to provide security services, and/or extra duty Peace Officers for event security as determined by the Chief of Police. In making the determination of the need for security services, the Chief of Police shall consider the event nature, anticipated attendance, access to alcohol, ticket for money handling and any other factors deemed relevant. If private security services are to be used, the Chief of Police must approve the security service provider and the security plan for the event. If extra- duty Peace Officers will be used, the Chief of Police will coordinate the hiring of officers and the security plan preparation. D. Medical Services. The applicant may be required to furnish medical services, on standby, during the entire event based on expected temperatures during an outdoor event, the nature of the event, expected attendance, age of the expected attendees and participants, and accessibility of the event venue to emergency vehicles. In the case medical services are deemed necessary at the event, a Medical Services Plan shall be approved by both the Chief of Police and Fire Chief at least ten (10) days prior to the event start date. E. Lighting. Events which take place or where attendees may still be present after dark will be required to provide adequate illumination of all use areas, sanitation facilities, parking areas and areas of pedestrian travel. If lighting is required for the event, a lighting plan shall be submitted with the special event permit application to ensure compliance with Town Code Section 14-19-9. F. Parking. Adequate parking shall be provided for all Special Events without spillover. In the event temporary parking areas are to be used, a parking layout and circulation plan shall be prepared and submitted with the special event permit application. In temporary parking areas, all parking spaces shall be adequately marked and dust control measures shall be performed throughout the event. G. Traffic Control. Adequate access to the event venue shall be required for the general public and emergency vehicles. If the access points to the event venue do not have adequate capacity for the expected ingress/egress traffic volumes, temporary traffic control measures shall be required. Where temporary traffic control measures are to be utilized, a traffic control plan shall be submitted with the special event permit application. H. Appropriate Zoning. The Special Event venue shall have the appropriate zoning for the proposed event. I. Signage. All signage to be employed in the advertisement of the Special Event shall be in compliance with the Town’s Sign Code Section 14-18-14. J. Sales. All event vendors shall hold a current Wickenburg Business License. This includes the applicant if tickets are to be sold. All merchandise and ticket sales are taxable in accordance with the laws of the State of Arizona. Tickets to an event shall not be sold prior to approval of the Special Event Permit issued by the Town. K. Insurance. The amount and type of insurance required for a Special Event shall be determined on a case by case basis, based upon the recommendation of the Arizona Municipal Risk Retention Pool as insurance provider to the Town. The applicant shall provide at a minimum, $1,000,000 liability and $2,000,000 general aggregate naming the Town of Wickenburg as an additional insured. A Certificate of Insurance shall be provided to the License Officer at least 5 days prior to the event date. Section 9-3-5 Grounds For Denial A. After review, by all appropriate Departments, of the application material, the License Officer may deny issuance of Special Event Permit if any of the following applies: 1. The applicant has failed to meet the conditions imposed pursuant to this Chapter; 2. The proposed event is intended to be conducted in a manner or location not meeting the health, safety, zoning, or fire standards established by the rules and regulations of the Town, the laws of the State of Arizona or rules and regulations adopted by any of its agencies; 3. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the Special Event Permit or in any other document required pursuant to this Chapter; 4. That the applicant, his or her employee, agent or any person associated with the applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment, of an offense: a. Involving the presentation, exhibition or performance of an obscene production, motion picture or play, or of selling obscene matter; b. Involving lewd conduct which is conduct showing, or intended to excite, lust or sexual desire; c. Involving the use of force and violence upon the person of another; d. Involving misconduct with a child or children; or e. An offense against the provisions of Arizona law respecting narcotics and dangerous drugs or of any equivalent offense under the law of any state which if committed in Arizona would have been a violation of the Arizona statutory provisions. 5. The scheduled date of the Special Event conflicts with other previously scheduled events such that it will result in an undue impact on the Town's resources and staff. B. Where the application is denied, the License Officer shall mail to the applicant written notice of denial within 3 days of the action. The notice shall include a statement of the reasons the application was denied. The applicant may request a review of this denial by the Town Manager who will schedule a meeting during which the applicant may present evidence in support of the application. Section 9-3-6 Waivers At the discretion of the Town Manager, application timeline submittal requirements may be waived if found necessary.