Title
Establishing Chapter 14.18 of the City Code on Special Events - For the purpose of establishing Chapter 14.18 of the City Code regarding the process for authorizing special events within the City of Annapolis; requiring a permit and permit fee for special events; providing parameters for approving a special event permit; authorizing exemptions for a special event permit and permit fee; establishing conditions for special events at City Dock; and for all other purposes related to special events.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 16-14-Amended
Introduced by: Alderman Budge and Alderman Arnett
Referred to
Rules and City Government
Economic Matters
Finance
AN ORDINANCE concerning
Establishing Chapter 14.18 of the City Code on Special Events
FOR the purpose of establishing Chapter 14.18 of the City Code regarding the process for authorizing special events within the City of Annapolis; requiring a permit and permit fee for special events; providing parameters for approving a special event permit; authorizing exemptions for a special event permit and permit fee; establishing conditions for special events at City Dock; and for all other purposes related to special events.
BY repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2012 Edition
Section 2.12.020
Section 11.12.050
BY repealing the following portions of the Code of the City of Annapolis, 2012 Edition
Section 14.16.030
BY adding the following portions to the Code of the City of Annapolis, 2012 Edition
Chapter 14.18
WHEREAS, special events in the City of Annapolis provide cultural enrichment, promote economic vitality, and enhance community identity and pride; and
WHEREAS, the City recognizes that an over-saturation of special events in or around a single location such as City Dock can disrupt regular business, disturb local residents, and curtail long-range community economic interests; and
WHEREAS, special events have varied impacts on residents and businesses in the City and those impacts differ by the special event's location, size, duration and required resources; and
WHEREAS, the City encourages holding special events in all areas of the City at varied times of the year so that all areas may reap any positive benefits associated with special events; and
WHEREAS, City Dock is historically significant and has been developed as a commercial center and civic gathering place for all residents of the City. Since City Dock has unique logistic and operational constraints, the proposed ordinance details certain permitting conditions and processes that apply to Major City Dock Events; and
WHEREAS, recognizing that certain events, certain City facilities and certain conditions may not necessitate a special events permit, the proposed ordinance provides exemptions from special event permit requirements.
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
Chapter 2.12 - Mayor
2.12.020 - Powers and duties.
In addition to all other duties and powers conferred upon the Mayor pursuant to the Charter and Code, the Mayor has the following additional powers and duties:
A. Generally. The Mayor has the responsibility for the faithful execution of the ordinances of the City and is the Chief Executive Officer and Administrative Director of the City government.
B. Reports and Recommendations to Aldermen. The Mayor shall give an annual report to the City Council setting forth the conditions of municipal affairs and making recommendations as the Mayor deems proper for the public good and welfare of the City. The annual report shall be given no later than the date on which the Mayor submits the proposed annual budget for the City to the Finance Committee, as set forth in subsection C of this section.
C. In consultation with the Director of Finance and all other department directors, the Mayor shall prepare, or have prepared an annual operating budget and shall submit it to the City Council no later than the second Monday in March of each year. The Mayor shall supervise the administration of the budget as adopted by the council.
D. Committee Appointments. The Mayor shall recommend to the City Council all appointments to aldermanic standing committees but all appointments shall be confirmed by a majority of the City Council.
E. Full-time Devotion. The Mayoralty shall be a full-time office. The Mayor shall be available to meet with the general public at all convenient times. The Mayor shall preside over all meetings of the City Council and the Mayor shall have one vote, the same as each Alderman, but shall vote first, and shall perform all of the duties of the chairperson as designated under the current edition of Robert's Rules of Order, Newly Revised.
F. Meetings with Department Directors. The Mayor shall convene a meeting with all department directors at least once in each week for the purpose of coordinating the operation of the government.
G. Ombudsman. The Mayor shall be responsible for designating an individual from his/her office to serve as an ombudsman for the City of Annapolis. All citizen complaints shall be directed to the ombudsman who will arrange to have each complaint reduced to writing and directed to the appropriate department with copies sent to the aldermen.
H. Special Events Coordinator. Subject to the provisions of Section 14.16.030 CHAPTER 14.18 of this Code, the Mayor, or his or her designee, SHALL DESIGNATE A Special Events Coordinator shall TO be responsible for assisting those who APPLY desire to hold special events in the City of Annapolis by providing a single point of contact for the City of Annapolis, advising of necessary permits, fees and other City requirements, assisting in the development of special event applications and fees where appropriate, and working with businesses and residents to recognize and resolve matters differences over such matters as parking and access, as impacted by ARISING FROM special events.
I. Workforce Development. The Mayor, or his or her designee, shall be responsible for enhancing employment opportunities for all residents, especially women, minorities, and youth, by serving as a resource for workforce development activities and programs related to the economic vitality of the City of Annapolis.
J. Small, Minority, and Disadvantaged Business Development. The Mayor, or his or her designee, shall be responsible for facilitating the growth of new and emerging small, minority, and/or disadvantaged businesses in the City of Annapolis. This facilitation shall include, but shall not be limited to, coordinating access to existing federal, state, county and local initiatives that support new and emerging small, minority and/or disadvantaged businesses, especially with respect to initiatives that expand access to procurement opportunities and/or financial, accounting, legal and marketing support.
K. The Mayor shall have such other duties as may be prescribed by the Charter and this Code, or as may be required of the Mayor by the City Council, not inconsistent with the Charter and Code.
11.12.050 Parades and assemblies-Permit required.
A. A person may not hold or participate in any parade, show, meeting or exhibition upon any of the streets or alleys, or public or private spaces or vacant lots, unless as elsewhere provided in this code, without first obtaining from the Mayor a permit in writing to do so. The granting of these permits shall be at the discretion of the Mayor.
B. Annapolis community associations and neighborhood watch groups that promote neighborhood pride consistent with the goals of the Comprehensive Plan shall not be charged fees for the first three hundred dollars of services provided by the City.
14.16.030 Temporary street closure for special events.
If a special event involves closing a street, the closure must be approved by the Mayor or the Mayor's designee. Timely notice of a request to close a street must be given by the sponsors of the event to residents, business, and other affected parties in the immediate vicinity. A request for closing a street must be accompanied by a parking and traffic plan to be approved by all applicable departments. If a request to close a street is approved, prior notice of the closure must be given by the sponsor at their expense as directed by the City to the residents, businesses, and other affected parties in the immediate vicinity.
14.18.010 - Purpose
THE PURPOSE AND INTENT OF THIS CHAPTER IS TO AUTHORIZE AND REGULATE SPECIAL EVENTS IN THE CITY OF ANNAPOLIS, AND TO LIMIT THE TYPE AND FREQUENCY OF EVENTS IN THE AREA OF CITY DOCK.
THE CITY COUNCIL FINDS THAT IT IS IN THE PUBLIC INTEREST TO REGULATE EVENTS ON PUBLIC STREETS, ALLEYS, RIGHTS OF WAY, CITY WATERS, AND OTHER PUBLIC PROPERTY AND, UNDER CERTAIN CIRCUMSTANCES, EVENTS HELD ON PRIVATE PROPERTY IN ORDER TO MAINTAIN, PROTECT, AND PROMOTE THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE CITIZENS, RESIDENTS, AND VISITORS OF THE CITY OF ANNAPOLIS.
14.18.020 - DEFINITIONS
A. "ATHLETIC EVENT" MEANS AN OCCASION IN WHICH A GROUP OF PEOPLE COLLECTIVELY ENGAGE IN A SPORT. ATHLETIC EVENTS INCLUDE BICYCLE AND FOOT RACES, BIKE-A-THONS, WALK-A-THONS, AND COMPETITIVE SPORTS EVENTS OF ALL KINDS. SPECIFIC TYPES OF ATHLETIC EVENTS INCLUDE, BUT ARE NOT LIMITED TO:
1. "MASS PARTICIPATION SPORTS" WHICH MEANS ATHLETIC EVENTS SUCH AS MARATHONS AND OTHER RUNNING EVENTS, BICYCLE RACES, OR TOURS, TRIATHLONS, AND TOURNAMENTS WHERE ATTENDEES ARE PRIMARILY PARTICIPANTS.
2. "SPECTATOR SPORTS" WHICH MEANS ATHLETIC EVENTS SUCH AS FOOTBALL, BASKETBALL, AND BASEBALL GAMES, GOLF TOURNAMENTS, AND VEHICLE RACES WHERE ATTENDEES ARE PRIMARILY THERE TO OBSERVE.
B. "APPLICANT" MEANS ANY PERSON WHO, OR AN ENTITY WHICH, SEEKS A SPECIAL EVENT PERMIT FROM THE CITY TO CONDUCT OR SPONSOR AN EVENT GOVERNED BY THIS CHAPTER. SUCH PERSON SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AND ANY SUCH ENTITY SHALL BE IN GOOD STANDING WITH THE STATE OF MARYLAND AND, IN THE CASE OF AN OUT OF STATE ENTITY, SHALL BE REGISTERED TO CONDUCT BUSINESS IN THE STATE OF MARYLAND.
C. "CITY DOCK" MEANS, FOR THE PURPOSES OF THIS CHAPTER, ALL OF DOCK STREET, CRAIG STREET, SUSAN CAMPBELL PARK, THE SMALL BOAT LANDING AND PLAZA, THE PORTION OF RANDALL STREET BETWEEN MEMORIAL CIRCLE AND DOCK STREET, THE INTERSECTION OF DOCK STREET AND RANDALL STREET, AND PRINCE GEORGE STREET BETWEEN RANDALL STREET AND SPA CREEK. MEMORIAL CIRCLE IS EXCLUDED.
D. "CITY SPONSORED EVENTS" MEANS SPECIAL EVENTS THAT THE CITY OF ANNAPOLIS SOLELY OR PRIMARILY ORGANIZES AND STAFFS FOR WHICH THE CITY WAIVES SOME OR ALL FEES OR OTHERWISE DIRECTLY PARTICIPATES IN THE COST O F THE EVENT.
E. "CITY CO-SPONSORED EVENTS" MEANS EVENTS THAT ARE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL AND THE DESIGNATION OF SUCH EVENTS MAY BE REMOVED BY RESOLUTION OF THE CITY COUNCIL.
G. "COMMERCIAL FILM OR PHOTOGRAPHIC EVENT" MEANS MOVIES, TELEVISION SHOWS, COMMERCIALS, OR INDUSTRY PHOTOGRAPHY ON PUBLIC STREETS, ALLEYS, RIGHTS OF WAY, CITY WATERS, OR OTHER PUBLIC PROPERTY. BROADCAST MEDIA OR PRINT MEDIA ARE EXCLUDED IN THE DEFINITION OF A COMMERCIAL FILM OR PHOTOGRAPHIC EVENT IN THIS CHAPTER.
H. "EVENT ORGANIZER" MEANS ANY PERSON WHO CONDUCTS, MANAGES, PROMOTES, ORGANIZES OR SOLICITS ATTENDANCE AT THE EVENT FOR WHICH A SPECIAL EVENT PERMIT IS REQUESTED.
I. "MAJOR SPECIAL EVENT" MEANS SPECIAL EVENTS (AS DEFINED HEREIN) THAT ARE EXPECTED TO:
1. SIMULTANEOUSLY ATTRACT 500 OR MORE PARTICIPANTS OR ATTENDEES; AND
2. INVOLVE ANY ONE, OR COMBINATION, OF THE FOLLOWING CRITERIA: ROAD OR LANE CLOSURES OF MORE THAN 30 MINUTES AT ANY ONE LOCATION, SERVING OF ALCOHOLIC BEVERAGES, USE OF CITY PERSONNEL OR PROVISION OF CITY SERVICES THAT EXCEED NORMAL OPERATIONS, EXCEPT WHERE EXEMPT.
J. "MAJOR CITY DOCK EVENT" MEANS A SPECIAL EVENT (AS DEFINED HEREIN) HELD ON PUBLIC STREETS, ALLEYS, RIGHTS OF WAY, CITY WATERS, OR OTHER PUBLIC PROPERTY WITHIN CITY DOCK AS DEFINED IN THIS CHAPTER, THAT MEETS THE FOLLOWING CRITERIA:
1. A MAJOR SPECIAL EVENT OR
2. A SPECIAL EVENT THAT RESULTS IN ONE OR MORE OF THE FOLLOWING: ROAD OR LANE CLOSURES OF MORE THAN 30 MINUTES, SALES BY VENDORS THAT COMPETE WITH BUSINESSES WITHIN THE CITY DOCK AREA (AS DEFINED HEREIN) OR ABUTTING THE CITY DOCK AREA AS DEFINED AS MARKET SPACE, RANDALL STREET TO PRINCE GEORGE STREET, AND THE BUSINESSES FACING MEMORIAL CIRCLE, OR THE DISPLACEMENT OF MORE THAN 20 PARKING SPACES ON CITY DOCK.
K. "SPECIAL EVENT" MEANS AN ACTIVITY FOR WHICH SPECIFIC AND EXCLUSIVE USE OF PUBLIC STREETS, ALLEYS, RIGHTS OF WAY, CITY WATERS, OR OTHER PUBLIC PROPERTY IS DESIRED AND WILL GATHER OR ATTRACT PARTICIPANTS OR ATTENDEES TO THAT ACTIVITY, OR AN ACTIVITY ON PRIVATE PROPERTY OR PROPERTY HELD BY OTHER GOVERNMENTAL JURISDICTIONS THAT WOULD HAVE ANY EFFECT ON CITY PROPERTY, CITY WATERS OR PUBLIC SAFETY. A SPECIAL EVENT INCLUDES, BUT IS NOT LIMITED TO: PARADES, MARCHES, RALLIES, FESTIVALS, CARNIVALS, FILMING, MOTORCADES, PROMOTIONAL EVENTS, RUNS, STREET DANCES, RACES, WALKS, OR OTHER ATTENDED ENTERTAINMENT OR CELEBRATION.
14.18.030 - RULES
IN ADMINISTERING THIS CHAPTER, THE SPECIAL EVENTS COORDINATOR MAY PROPOSE RULES NOT INCONSISTENT WITH THIS CHAPTER, FOR APPROVAL BY RESOLUTION OF THE CITY COUNCIL.
14.18.040 - PERMIT REQUIRED
AN APPLICANT SHALL SUBMIT A SPECIAL EVENT PERMIT APPLICATION TO THE SPECIAL EVENTS COORDINATOR FOR HIS OR HER REVIEW, AND SHALL RECEIVE A SPECIAL EVENT PERMIT IN ORDER TO HOLD A SPECIAL EVENT AS DEFINED IN THIS CHAPTER, UNLESS THIS CHAPTER EXPRESSLY EXEMPTS THE SUBMISSION OF AN APPLICATION.
THE ISSUANCE OF A SPECIAL EVENT PERMIT DOES NOT RELIEVE THE APPLICANT FROM THE OBLIGATION TO OBTAIN ANY OTHER APPLICABLE NECESSARY PERMIT(S) OR LICENSE(S) AS REQUIRED UNDER THIS CODE.
14.18.050 - EXEMPTIONS FROM PERMIT REQUIREMENTS
THE FOLLOWING EVENTS ARE EXEMPT FROM SPECIAL EVENT PERMIT REQUIREMENTS:
A. EVENTS HELD ON PROPERTY OWNED AND/OR REGULATED BY ANOTHER GOVERNMENTAL JURISDICTION OR ENTITY UNLESS THE EVENT IMPACTS ACCESS TO CITY ROADS OR REQUIRES THE EXCLUSIVE USE OF SIX OR MORE CITY PARKING SPACES.
B. EVENTS FOR WHICH THE SPONSOR, EVENT ORGANIZER, OR OTHER PARTY SEEKING TO CONDUCT AN EVENT AS DEFINED IN THIS CHAPTER HAS ALREADY ENTERED INTO A LEASE, LICENSE, USE, OR OTHER AGREEMENT WITH THE CITY TO ADDRESS THE SAME MATTERS THAT WOULD BE ADDRESSED IN A SPECIAL EVENT APPLICATION AND PERMIT FOR THAT EVENT.
C. FUNERAL PROCESSIONS.
D. MOTORCADES.
E. LAWFUL PICKETING, DEMONSTRATIONS AND ASSEMBLIES IN PUBLIC RIGHTS OF WAY.
F. EVENTS TAKING PLACE WHOLLY ON PRIVATE PROPERTY UNLESS IT IMPACTS PUBLIC ACCESS TO CITY ROADS OR REQUIRES THE EXCLUSIVE USE OF SIX OR MORE CITY PARKING SPACES.
G. GROUPS REQUIRED BY LAW TO BE ASSEMBLED.
H. EVENTS HELD IN PARKS THAT THE CITY OF ANNAPOLIS OWNS OR ADMINISTERS, WITH THE EXCEPTION OF SUSAN CAMPBELL PARK AND WHITMORE PARK.
I. ATHLETIC EVENTS HELD EXCLUSIVELY ON CITY WATERS.
J. ATHLETIC EVENTS TAKING PLACE ENTIRELY AT THE NAVY-MARINE CORPS MEMORIAL STADIUM OR THE NAVY-MARINE CORPS STADIUM PARKING LOT.
K. MARCHES OF THE UNITED STATES NAVAL ACADEMY MIDSHIPMEN.
14.18.060 - PERMIT APPLICATION
A. THE APPLICANT SHALL SUBMIT THE SPECIAL EVENT APPLICANT APPLICATION TO THE SPECIAL EVENTS COORDINATOR WITH THE APPLICABLE SPECIAL EVENT APPLICATION FEE AS SET BY RESOLUTION OF THE CITY COUNCIL.
B. AN APPLICANT MAY INCLUDE MULTIPLE INSTANCES OF PROPOSED SPECIAL EVENTS THAT ARE SIMILAR TO EACH OTHER IN A SINGLE SPECIAL EVENT APPLICATION.
C. THE CITY OF ANNAPOLIS IS EXEMPT FROM SUBMITTING A SPECIAL EVENT APPLICATION WHEN THE CITY OF ANNAPOLIS IS THE EVENT APPLICANT ALTHOUGH THE CITY OF ANNAPOLIS SHALL COMPLY WITH ALL OTHER REQUIREMENTS IN THIS CHAPTER.
D. THE APPLICANT MAY AMEND THE SPECIAL EVENT APPLICATION PRIOR TO ISSUANCE OR DENIAL OF A PERMIT.
E. HARBOR CLOSURES WHICH PRECLUDE NAVIGATION IN AND THROUGH ANNAPOLIS HARBOR AND SPA CREEK ARE NOT PERMITTED FOR SPECIAL EVENTS BETWEEN THE START OF MEMORIAL DAY WEEKEND THROUGH OCTOBER 31.
14.18.070 - PERMIT APPROVAL
A. THE SPECIAL EVENTS COORDINATOR SHALL REVIEW ALL SPECIAL EVENT APPLICATIONS. IN DOING SO, THE SPECIAL EVENTS COORDINATOR SHALL SEEK INPUT FROM THE RELEVANT CITY DEPARTMENTS. THE SPECIAL EVENTS COORDINATOR SHALL APPROVE, APPROVE WITH CONDITIONS, OR DENY AN APPLICATION FOR A SPECIAL EVENT PERMIT.
B. THE SPECIAL EVENTS COORDINATOR SHALL MAKE DECISIONS IN ORDER TO ALLOW TIMELY NOTICES TO THE PUBLIC REQUIRED BY THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER.
C. AT THE TIME OF APPLICATION SUBMITTAL, AN APPLICANT MAY REQUEST AN EXPEDITED REVIEW FROM THE SPECIAL EVENTS COORDINATOR. THE APPLICANT SHALL DEMONSTRATE SUFFICIENT JUSTIFICATION FOR AN EXPEDITED REVIEW. IF THE SPECIAL EVENTS COORDINATOR FINDS SUCH JUSTIFICATION SUFFICIENT, THEN THE SPECIAL EVENTS COORDINATOR SHALL PROVIDE AN EXPEDITED REVIEW OF THE APPLICATION. AT HIS OR HER DISCRETION, THE SPECIAL EVENTS COORDINATOR MAY ISSUE PRELIMINARY APPROVAL OF THE EVENT DATE AND LOCATION IF FINAL APPROVAL IS NOT FEASIBLE ON AN EXPEDITED BASIS.
D. IF THE SPECIAL EVENTS COORDINATOR REQUIRES CONDITIONS FOR PERMIT APPROVAL, SUCH CONDITIONS MAY, INCLUDE, BUT NOT BE LIMITED TO:
1. REASONABLE TERMS AND/OR CONDITIONS AS TO THE TIME, PLACE, AND MANNER OF THE SPECIAL EVENT.
2. COMPLIANCE WITH HEALTH AND SANITARY LAWS AND REGULATIONS, EMERGENCY SERVICES, AND SECURITY.
3. ANY APPLICATION WHICH REFLECTS 200 OR MORE PROJECTED ATTENDEES ALL APPLICATIONS SHALL BE REQUIRED TO HAVE AN ADEQUATE AND EQUAL NUMBER OF REFUSE AND RECYCLING CONTAINERS PLACED TOGETHER AT ALL TIMES DURING A SPECIAL EVENT. THE SPECIAL EVENT ORGANIZER SHALL COLLECT THE SAME MATERIALS AS THE CITY'S CURBSIDE RECYCLING SERVICE.
4. ADDITIONAL FEDERAL, STATE, COUNTY, AND CITY PERMITS, APPROVALS OR LICENSES WHICH ARE REQUIRED TO MEET THE CONDITIONS ESTABLISHED IN THE SPECIAL EVENT PERMIT AND/OR CITY CODE.
5. ACCOMMODATION OF OTHER SIMULTANEOUSLY OCCURRING SPECIAL EVENTS, THE RIGHTS OF ADJACENT PROPERTY OWNERS, LEASEHOLDERS AND TENANTS, AND PUBLIC NEEDS TO USE STREETS AND PARKS, BY REASONABLE ADJUSTMENTS IN THE DATE, TIME, ROUTE, OR LOCATION OF THE PROPOSED SPECIAL EVENT, ACCOMMODATIONS FOR PEDESTRIAN AND/OR VEHICULAR TRAFFIC USING PUBLIC RIGHTS-OF-WAY, OR LIMITATIONS ON THE DURATION OF THE SPECIAL EVENT.
E. THE APPLICANT MAY REQUEST AN AMENDMENT TO THE SPECIAL EVENT APPLICATION IN ACCORDANCE WITH THE REQUIREMENTS OF THIS CHAPTER. THE SPECIAL EVENTS COORDINATOR SHALL APPROVE, APPROVE WITH CONDITIONS, OR DENY THE APPLICANT'S REQUEST FOR AMENDING THE PERMIT FOR A SPECIAL EVENT.
F. THE SPECIAL EVENTS COORDINATOR MAY DENY AN APPLICATION BASED ON PREVIOUS MATERIAL VIOLATIONS OF SPECIAL EVENTS POLICY.
14.18.080 - SUSPENSION OR REVOCATION OF PERMIT
A SPECIAL EVENTS PERMIT ISSUED UNDER THIS CHAPTER SHALL BE TEMPORARY, VEST NO PERMANENT PROPERTY OR OTHER RIGHTS IN THE APPLICANT. THE SPECIAL EVENTS COORDINATOR SHALL IMMEDIATELY SUSPEND OR REVOKE A SPECIAL EVENT PERMIT IF ANY OF THE FOLLOWING CONDITIONS ARE FOUND TO EXIST:
A. THE APPLICANT REQUESTS THE CANCELLATION OF THE PERMIT OR CANCELS THE PERMITTED EVENT.
B. THE APPLICANT HAS MADE A MISSTATEMENT OF MATERIAL FACT IN CONNECTION WITH THE APPLICATION WHICH CAUSED THE PERMIT TO BE GRANTED, FAILED TO FULFILL A TERM OR CONDITION OF THE PERMIT IN A TIMELY MANNER, FAILED TO PAY THE REQUIRED FEES, OR THE CHECK SUBMITTED BY THE APPLICANT IN PAYMENT OF THE PERMIT FEE OR ANY OTHER FEES PAID TO THE CITY IN CONNECTION WITH THE PERMIT HAS BEEN RETURNED FOR INSUFFICIENT FUNDS OR DISHONORED FOR ANY OTHER REASON.
C. THE SPECIAL EVENTS COORDINATOR OR THE APPLICANT HAS FAILED TO PROVIDE ADEQUATE NOTICE OF A SPECIAL EVENT AS REQUIRED BY THIS CHAPTER.
D. AN ACTIVITY UNDERTAKEN BY THE APPLICANT OR THOSE ACTING ON BEHALF OF THE APPLICANT IN THE SETUP OF THE EVENT OR DURING THE EVENT ENDANGERS OR THREATENS PERSONS OR PROPERTY, OR OTHERWISE JEOPARDIZES THE HEALTH, SAFETY, OR WELFARE OF PERSONS OR PROPERTY.
E. AN ACTIVITY CONDUCTED IS IN VIOLATION OF ANY OF THE TERMS OR CONDITIONS OR SCOPE OF THE SPECIAL EVENT PERMIT.
F. AN ACTIVITY CONDUCTED IS IN VIOLATION OF ANY FEDERAL, STATE, COUNTY, OR CITY LAW OR REGULATION.
G. AN EMERGENCY OCCURRENCE OR ACT OF GOD REQUIRES THE CANCELLATION OR TERMINATION OF THE EVENT IN ORDER TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE.
H. OTHER EVENTS OR OCCURRENCES THE SPECIAL EVENTS COORDINATOR DEEMS TO ADVERSELY IMPACT PUBLIC HEALTH, SAFETY, AND WELFARE.
14.18.090 APPEALS
A. ANY PERSON AGGRIEVED BY AN APPROVAL, DENIAL, SUSPENSION, OR REVOCATION OF THE SPECIAL EVENTS COORDINATOR MADE PURSUANT TO THIS CHAPTER OR SPECIAL EVENT RULES ADOPTED PURSUANT TO THIS CHAPTER MAY FILE A WRITTEN REQUEST FOR RECONSIDERATION WITH THE CITY MANAGER. THE AGGRIEVED PERSON SHALL SET FORTH IN DETAIL THE FACTS SUPPORTING THE REQUEST FOR RECONSIDERATION. SUCH REQUEST SHALL BE FILED NO LATER THAN FOURTEEN CALENDAR DAYS AFTER THE DATE OF THE SPECIAL EVENTS COORDINATOR'S ACTION FOR WHICH RECONSIDERATION IS SOUGHT. THE CITY MANAGER SHALL CONSIDER THE APPLICATION AND AFFIRM, MODIFY, OR REVERSE THE SPECIAL EVENTS COORDINATOR'S DECISION. WITHIN TEN CALENDAR DAYS AFTER THE FILING DATE OF ANY REQUEST FOR RECONSIDERATION, THE CITY MANAGER MAY EXERCISE REASONABLE DISCRETION TO ADJUST THE TIME FOR HIS OR HER DECISION. THE DECISION OF THE CITY MANAGER ON THE REQUEST FOR RECONSIDERATION SHALL BE THE FINAL ADMINISTRATIVE DECISION OF THE CITY.
B. ANY PERSON AGGRIEVED BY AN APPROVAL, DENIAL, SUSPENSION, OR REVOCATION OF THE SPECIAL EVENTS COORDINATOR OR CITY MANAGER MADE PURSUANT TO THIS CHAPTER OR SPECIAL EVENT RULES ADOPTED PURSUANT TO THIS CHAPTER MAY FILE AN APPEAL DIRECTLY TO THE CIRCUIT COURT OF MARYLAND FOR ANNE ARUNDEL COUNTY IN ACCORDANCE WITH THE MARYLAND RULES OF PROCEDURE, INSTEAD OF FILING A REQUEST FOR RECONSIDERATION WITH THE CITY MANAGER.
14.18.100 - FEES
A. A NON-REFUNDABLE SPECIAL EVENT APPLICATION FEE SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL. THE SPECIAL EVENT APPLICATION FEE SHALL BE PAID AT THE TIME OF SUBMISSION OF A SPECIAL EVENT PERMIT APPLICATION.
B. A LOCATION FEE MAY BE ASSESSED TO AN APPLICANT TO CAPTURE THE CITY'S COSTS OF CONSTRUCTING, MAINTAINING, OR UPGRADING INFRASTRUCTURE FOR THE CONDUCT OF SPECIAL EVENTS. LOCATION FEES SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL AND SHALL BE PAID BEFORE ISSUANCE OF THE SPECIAL EVENT PERMIT.
C. THE APPLICANT FOR A SPECIAL EVENT PERMIT SHALL REIMBURSE THE CITY FOR THE USE OF CITY FACILITIES AND SERVICES PURSUANT TO SECTION 6.04.210 OF THE CITY CODE. ANNAPOLIS COMMUNITY ASSOCIATIONS, NEIGHBORHOOD WATCH GROUPS, OR OTHER NEIGHBORHOOD ASSOCIATIONS AND COMMUNITY GROUPS WHICH PROMOTE NEIGHBORHOOD PRIDE SHALL NOT BE CHARGED FEES FOR THE FIRST THREE-HUNDRED DOLLARS OF SERVICES THAT THE CITY PROVIDES.
D. ANY APPLICANT WHOSE SPECIAL EVENT RESULTS IN DAMAGE TO, OR LOSS OF, CITY PROPERTY, SHALL BE RESPONSIBLE FOR THE FULL COST OF REPAIR OR REPLACEMENT OF CITY PROPERTY. THE APPLICANT SHALL REMIT PAYMENT TO THE CITY WITHIN 30 CALENDAR DAYS AFTER RECEIPT OF THE INVOICE FOR THE REPAIR OR REPLACEMENT OF CITY PROPERTY. THIS PROVISION DOES NOT LIMIT OR RESTRICT THE CITY'S REMEDIES AGAINST THOSE INDIVIDUALS WHO CAUSE SUCH DAMAGE OR LOSS.
14.18.110 - EXEMPTIONS FROM FEES
A. NO FEES AUTHORIZED IN THIS CHAPTER SHALL BE IMPOSED IF PROHIBITED BY FEDERAL, STATE, OR COUNTY LAW OR FOR THOSE EVENTS WHOSE PURPOSE IS POLITICAL OR RELIGIOUS ACTIVITY INTENDED PRIMARILY FOR THE COMMUNICATION OR EXPRESSION OF IDEAS.
B. THE CITY COUNCIL MAY EXEMPT CERTAIN SPECIAL EVENTS FROM FEES BY RESOLUTION AND, IN DOING SO, SHALL CONSIDER:
1. THE NATURE OF THE EVENT;
2. THE NON-PROFIT STATUS, LOCATION, RESOURCES, AND MISSION OF THE ENTITY SPONSORING THE EVENT;
3. THE EXTENT OF COMMERCIAL ACTIVITY, SUCH AS SALES OF FOOD, GOODS, OR SERVICES, PRODUCT ADVERTISING OR PROMOTION, OR OTHER PRIVATE SECTOR PARTICIPATION IN THE EVENT;
4. OTHER FACTORS AS THE CITY COUNCIL MAY DEEM APPROPRIATE.
14.18.120 - NOTIFICATION OF SPECIAL EVENTS
A. THE SPECIAL EVENTS COORDINATOR SHALL BE RESPONSIBLE FOR MAINTAINING AND PUBLISHING ON THE CITY INTERNET SITE UP-TO-DATE LISTINGS OF SPECIAL EVENT APPLICATIONS, SPECIAL EVENT PERMITS ISSUED, CITY-SPONSORED AND CITY CO-SPONSORED EVENTS AND LEASES, AGREEMENTS, AND OTHER DECISIONS MADE BY THE SPECIAL EVENTS COORDINATOR OR THE CITY COUNCIL. THE SPECIAL EVENTS COORDINATOR ALSO MAY PUBLISH SUCH INFORMATION THROUGH OTHER MEDIA.
B. THE APPLICANT SHALL PROVIDE WRITTEN NOTIFICATION TO THE ALDERMAN OR ALDERWOMAN IN WHOSE WARD A PROPOSED EVENT WILL TAKE PLACE, THE PRESIDENTS OF ADJACENT OR IMPACTED HOMEOWNER OR RESIDENT ASSOCIATIONS, AND THE PRESIDENTS OF ADJACENT OR IMPACTED BUSINESS ASSOCIATIONS WITHIN 30 CALENDAR DAYS AFTER THE DATE OF THE FILING OF AN APPLICATION FOR A MAJOR SPECIAL EVENT OR A MAJOR CITY DOCK EVENT. THE SPECIAL EVENTS COORDINATOR SHALL PROVIDE THE APPLICANT WITH THE NAMES AND ADDRESSES OF THE INDIVIDUALS, BUSINESSES, ASSOCIATIONS, AND ORGANIZATIONS TO BE NOTIFIED.
C. IF A SPECIAL EVENT THAT WILL CLOSE A STREET FOR MORE THAN 30 MINUTES IS PERMITTED, THE APPLICANT SHALL PROVIDE WRITTEN NOTICE OF THE CLOSURE AT THE APPLICANT'S EXPENSE TO THE ALDERMAN OR ALDERWOMAN IN WHOSE WARD A PROPOSED EVENT WILL TAKE PLACE, THE PRESIDENTS OF ADJACENT OR IMPACTED HOMEOWNER OR RESIDENT ASSOCIATIONS, AND THE PRESIDENTS OF ADJACENT OR IMPACTED BUSINESS ASSOCIATIONS, AND OTHER AFFECTED PARTIES IN THE IMMEDIATE VICINITY AT LEAST SEVEN CALENDAR DAYS PRIOR TO THE SPECIAL EVENT. A MINIMUM OF 14 CALENDAR DAYS' NOTICE SHALL BE GIVEN FOR MAJOR SPECIAL EVENTS OR MAJOR CITY DOCK EVENTS. WHEN MULTIPLE OCCURRENCES OF A SPECIAL EVENT ARE INCLUDED IN ONE PERMIT, ONE WRITTEN NOTICE TO INCLUDE ALL EVENTS CONTAINED IN THE PERMIT IS SUFFICIENT. THE SPECIAL EVENTS COORDINATOR SHALL PROVIDE THE APPLICANT WITH THE NAMES AND ADDRESSES OF THE INDIVIDUALS, BUSINESSES, ASSOCIATIONS, AND ORGANIZATIONS TO BE NOTIFIED.
D. WHEN AN EVENT APPLICATION OR PERMIT THAT REQUIRES WRITTEN NOTICE UNDER THIS CHAPTER IS SIGNIFICANTLY AMENDED, THE APPLICANT SHALL PROVIDE A NEW WRITTEN NOTICE OF THE CHANGED EVENT TO ALL PARTIES THAT HAD PREVIOUSLY BEEN NOTIFIED. IF A DEADLINE FOR NOTIFICATION HAS PASSED, AN EVENT MAY NOT BE AMENDED OTHER THAN TO REDUCE ITS HOURS OR LOCATION.
14.18.130 - INDEMNIFICATION
THE APPLICANT SHALL INDEMNIFY, DEFEND, AND HOLD THE CITY, ITS ELECTED OFFICIALS, EMPLOYEES, AND AGENTS HARMLESS FROM LIABILITY FOR ALL INJURIES AND DAMAGES OR LOSS TO PERSONS OR PROPERTY THAT ARISE FROM THE APPLICANT'S USE OF CITY PROPERTY PURSUANT TO ISSUANCE OF A PERMIT AND THE PLANNING AND OPERATION OF THE SPECIAL EVENT, AND FOR ANY REASONABLE ATTORNEY FEES AND COSTS INCURRED IN ADDRESSING AND DEFENDING CLAIMS, COMPLAINTS, AND LAWSUITS THAT SEEK TO IMPOSE LIABILITY ON THE CITY, ITS ELECTED OFFICIALS, EMPLOYEES, AND AGENTS.
14.18.140 - INSURANCE REQUIRED
THE APPLICANT SHALL PROVIDE THE CITY WITH A CERTIFICATE OF INSURANCE TO ESTABLISH THE SPECIAL EVENT AS INSURED, IN AMOUNTS ACCEPTABLE TO THE CITY, AGAINST LIABILITY FOR INJURIES AND DAMAGES OR LOSS TO PERSONS OR PROPERTY ARISING FROM ACTS OR OMISSIONS OF THE APPLICANT AND THE APPLICANT'S AGENTS, EMPLOYEES AND CONTRACTORS THAT ARISE IN THE PLANNING AND OPERATION OF THE SPECIAL EVENT. THE CITY AND ITS ELECTED OFFICIALS, EMPLOYEES, AND AGENTS SHALL BE NAMED AS ADDITIONAL INSUREDS AND SHALL BE REFLECTED ON THE CERTIFICATE OF INSURANCE.
14.18.150 - WAIVER OF INSURANCE
A. EXCEPT FOR SPECIAL EVENTS WHERE THE CITY AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES FOR THE EVENT OR WHERE THE CITY REQUIRES A PARKING OR TRAFFIC PLAN, THE SPECIAL EVENTS COORDINATOR MAY WAIVE THE INSURANCE REQUIREMENTS IN THIS CHAPTER. IN MAKING THE DETERMINATION OF WHETHER TO WAIVE INSURANCE, THE FOLLOWING SHALL BE CONSIDERED:
1. WHETHER THE EVENT IS A BLOCK PARTY A RESIDENT ORGANIZES AND REQUESTS PERMISSION FOR THE EVENT TO BE HELD ON THE STREET;
2. WHETHER THE EVENT IS A CONSTITUTIONALLY-PROTECTED EVENT;
3. WHETHER IT IS OBJECTIVELY IMPOSSIBLE OR NOT FINANCIALLY PRACTICAL TO OBTAIN INSURANCE COVERAGE, IN WHICH CASE, THE APPLICANT SHALL SUBMIT A STATEMENT FROM AT LEAST TWO INDEPENDENT LICENSED INSURANCE BROKERS DEMONSTRATING THAT THE INSURANCE IS UNAVAILABLE IN THE MARKET PLACE OR NOT FINANCIALLY PRACTICAL TO OBTAIN;
4. WHETHER THE SPECIAL EVENT WILL INVOLVE THE USE OF EQUIPMENT (OTHER THAN SOUND EQUIPMENT), VEHICLES, ANIMALS, FIREWORKS, PYROTECHNICS OR OTHER EQUIPMENT DEEMED TO POSE A POTENTIAL HAZARD OR RISK TO PUBLIC SAFETY, OR PUBLIC OR PRIVATE PROPERTY.
B. A WAIVER OF INSURANCE SHALL NOT CONSTITUTE A WAIVER OF INDEMNIFICATION AS REQUIRED IN THIS CHAPTER.
14.18.160 - MAJOR EVENTS AT CITY DOCK
A. THE FOLLOWING LIMITATIONS SHALL APPLY TO MAJOR CITY DOCK EVENTS:
1. FOR THE MONTHS OF MAY, JUNE, JULY, AND AUGUST, THERE SHALL BE ONLY ONE MAJOR CITY DOCK EVENT PERMITTED PER WEEKEND. FOR THE MONTHS OF MAY, JUNE, JULY, AND AUGUST, THERE SHALL BE NO MORE THAN FOUR MAJOR CITY DOCK EVENTS THAT TAKE PLACE ON A WEEKEND PERMITTED DURING THIS ENTIRE PERIOD.
2. FOR THE MONTHS OF APRIL, SEPTEMBER, AND OCTOBER, THERE SHALL BE UP TO TWO MAJOR CITY DOCK EVENTS PERMITTED PER WEEKEND FOR THE MONTHS OF APRIL, SEPTEMBER, AND OCTOBER, THERE SHALL BE NO MORE THAN SIX MAJOR CITY DOCK EVENTS THAT TAKE PLACE ON A WEEKEND PERMITTED DURING THIS ENTIRE PERIOD.
3. FOR THE PERIOD BETWEEN THANKSGIVING DAY AND CHRISTMAS DAY, THERE SHALL BE ONLY ONE MAJOR CITY DOCK EVENT PERMITTED PER WEEKEND THERE SHALL BE NO MORE THAN ONE MAJOR CITY DOCK EVENT THAT TAKES PLACE ON A WEEKEND PERMITTED DURING THIS ENTIRE PERIOD.
4. MAJOR CITY DOCK EVENTS SHALL NOT BE PERMITTED ON SUCCESSIVE WEEKENDS DURING THE MONTHS OF APRIL, MAY, JUNE, JULY, AND AUGUST.
5. A MAJOR CITY DOCK EVENT THAT STARTS IN ONE MONTH AND ENDS IN ANOTHER MONTH SHALL COUNT TOWARDS THE LIMITATIONS DURING THE MONTH IN WHICH THE MAJORITY OF THE EVENT OCCURS. IF THERE IS NO MAJORITY OF DAYS IN THE STARTING OR ENDING MONTH, THEN A DETERMINATION SHALL BE MADE AT THE DISCRETION OF THE SPECIAL EVENTS COORDINATOR.
6. FOR THE LIMITATIONS DESIGNATED IN PARAGRAPHS 1, 2 AND 3 ABOVE, THERE MAY BE AN ADDITIONAL FOUR MAJOR CITY DOCK EVENTS THAT ARE MASS PARTICIPATION SPORTS EVENTS ON WEEKENDS DURING WHICH THERE IS NOT A MAJOR CITY DOCK EVENT OCCURRING NO MORE THAN FOUR OF THE MAJOR CITY DOCK EVENTS THAT TAKE PLACE ON WEEKENDS MAY BE MASS PARTICIPATION SPORTS EVENTS.
7. PARADES AND CEREMONIES IN CELEBRATION OF MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, KUNTA KINTE CELEBRATION, ANNAPOLIS HIGH SCHOOL HOMECOMING, AND NEW YEAR'S EVE MAY BE PERMITTED WITHOUT REGARD TO THE LIMITS IMPOSED IN THIS CHAPTER.
8. OTHER CITY-SPONSORED EVENTS, CITY CO-SPONSORED EVENTS, AND SPECIAL EVENTS THAT ARE THE SUBJECT OF LEASES APPROVED BY THE CITY COUNCIL ARE INCLUDED IN THE CALCULATION OF THE SPECIAL EVENT LIMITATIONS IF THEY ARE MAJOR CITY DOCK EVENTS.
B. WHEN APPLICANTS SEEK MORE MAJOR CITY DOCK EVENTS THAN ARE ALLOWED UNDER THE LIMITATIONS OF THIS CHAPTER, THE SPECIAL EVENTS COORDINATOR SHALL GIVE PRIORITY TO EVENTS THAT ARE THE SUBJECT OF LEASES THE CITY COUNCIL HAS APPROVED.
C. AFTER THREE YEARS THE CITY COUNCIL WILL REVIEW THE LIST OF REPEATING MAJOR CITY DOCK EVENTS TO ASSURE THE EVENTS CONTINUE TO MEET THE NEEDS OF THE COMMUNITY. THE COUNCIL, AT ITS SOLE DISCRETION, MAY REMOVE REPEATING EVENTS TO ALLOW FOR NEW EVENTS. IN EVALUATING EVENTS, THE COUNCIL WILL CONSIDER IF THE EVENT IS:
1. A CITY SPONSORED EVENT.
2. REFLECTIVE OF THE HISTORY, HERITAGE, CULTURE AND DIVERSITY OF THE CITY.
3. ORGANIZED BY A CHARITABLE ORGANIZATION THAT IS LOCATED IN THE CITY OF ANNAPOLIS AND SERVES THE CITY OF ANNAPOLIS.
4. OPEN TO THE PUBLIC AND DOES NOT CHARGE A FEE.
5. INTENDED TO ATTRACT CITY RESIDENTS AND RESIDENTS OF THE SURROUNDING REGION THAT WOULD SUPPORT AND PATRONIZE CITY DOCK BUSINESSES.
6. LEAST LIKELY TO DISRUPT RESIDENTS AND BUSINESSES IN THE AREA OF THE EVENT.
7. OTHER CRITERIA AS THE COUNCIL MAY DEEM APPROPRIATE.
D. THE LIMITATIONS OF THIS CHAPTER NOTWITHSTANDING, THE CITY COUNCIL MAY AUTHORIZE A NON-RECURRING MAJOR CITY DOCK EVENT BY RESOLUTION AFTER A PUBLIC HEARING HAS BEEN HELD.
E. ALL STREETS LOCATED IN THE ANNAPOLIS NATIONAL HISTORIC LANDMARK DISTRICT THAT A MASS PARTICIPATION SPORTS EVENT IN THE CITY DOCK AREA CLOSES SHALL BE OPEN AND PASSABLE TO TRAFFIC BY 9:00 A.M. ON THE DAY OF THE EVENT.
F. THE SPECIAL EVENTS COORDINATOR OR HIS OR HER DESIGNEE SHALL BE IN ATTENDANCE AT ALL MAJOR CITY DOCK EVENTS AND SHALL BE READILY ACCESSIBLE TO EVENT SPONSORS AND RELEVANT CITY PERSONNEL.
14.18.170 SPECIAL EVENT VIOLATIONS
A VIOLATION OF ANY PROVISION OF THIS CHAPTER SHALL CONSTITUTE A MUNICIPAL INFRACTION AND FOR EACH VIOLATION, THE PERSON OR ENTITY IN VIOLATION IS SUBJECT TO A FINE AS ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this Ordinance shall take effect 125 days from the date of its passage.
EXPLANATION
CAPITAL LETTERS indicate matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments.