Loading...
HomeMy WebLinkAboutO-1220ORDINANCE NO. 1220 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE BY PROVIDING POLICY AND PROCEDURE FOR SIDEWALK AND/OR STREET USAGE WITHIN THE CITY OF FAIRHOPE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: POLICY AND PROCEDURE FOR SIDEWALK AND/OR STREET USAGE ORDINANCE It is expressly declared that the purpose of these regulations, policies and procedures is to provide a guideline for those people wishing to close a street and/or sidewalk within the City of Fairhope Central Business District and to establish a fee structure for such use to partially defray the cost of administering these services. This policy is applicable to all streets and/or sidewalks in the Central Business District (CBD) of the City of Fairhope. Any individual and/or group who plan to use a City of Fairhope street and/or sidewalk in the CBD must have written permission of two-thirds of businesses/residents within 300 feet of said street/sidewalk to be closed. 100% of the businesses/residents must be notified of the event. Petition and/or written permission must include type of event, time the street will close, time function will begin and end and where the function will take place. PERMITTED USE Only the following uses and activities are permitted on City streets and/or sidewalks: 1. Performing Arts events, when sponsored by a nonprofit organization for the benefit of the nonprofit organization or the public. 2. Festivals. A "festival' shall be an event with the primary theme being subject of a national, ethnical, artistic, biographical or seasonal theme. Food may be offered in conjunction with a festival when sponsored by a nonprofit organization or public agency in compliance with permits and regulations of the City of Fairhope revenue office and the Baldwin County Health Department. Non-profit organizations, when planning a free, public event, will be exempt from all fees; however; they are responsible for security, clean-up and any damage fees. Fees may be waived if streets are being used for an event that will promote downtown development and/or events for educational purposes. Fees may be waived by request in writing to the Mayor. RESERVATIONS A user is responsible for adhering to and complying with all rules and regulations pertaining to the use of city streets and/or sidewalks. Any violation may result in additional fees. Reservations are on a first come, first serve basis. All fees are required in advance to secure your reservation. The dates requested cannot be guaranteed until payment is received. Final event details must be submitted in writing at least 4 weeks before the scheduled event. Details are to include all components of the event such as type of event, expected attendance, staging, tent usage, name of rental companies, entertainment, electricity needs, etc. (SEE ATTACHED RESERVATION FORM) Ordinance No. 1220 Page —2- PERMIT FEES The permit fee is $150 for 3 hours. The permit fee must be paid in advance and is non-refundable. This includes set-up, event and take -down. Each additional hour is $50. Electrical/Water If electrical/water services are required a one time fee of $50 will be charged. If a representative of the electrical department is called out after hours or on the weekend, the user will be charged a fee for service rate. All electrical needs should be taken care of with your City of Fairhope event coordinator prior to the event. Other fees may apply for personnel and damage to property. INSURANCE REQUIREMENTS Any group or individual using a city street and/or sidewalk must sign an indemnity and hold harmless agreement or obtain a special event insurance policy. NOTE: Value of policy will be determined by the Special Event Coordinate based on type of event. SECURITY PRE -PAYMENT The City of Fairhope Police Department security must be provided for all events held on city streets and/or sidewalks. Security fee and the number of required officers will be determined by the Chief of Police or by his/her designee. The fee will be based on the number of people expected to attend and traffic diversion required. The cost for security is $25 per hour, per officer. Security is responsible for ensuring all city policies are adhered to by the user, which includes monitoring sound levels, crowd control and traffic diversion. SET-UP/CLEAN-UP Fees may be assessed for set-up and clean-up. Fees will be determined by the City of Fairhope Public Works Director or his/her designee and will be based on the type of event and the crowd expected to attend. (Fees will not be less than $50) Clean-up must be done during the events as needed and litter picked up. All trash accumulated during the event must be placed in receptacles for city pick-up. At conclusion of the event, the area will be inspected by a representative of the city. If the user has not cleaned up the park and restored it to its original condition, the City will clean up the street/sidewalk and charge the user for the services. ALCOHOLIC BEVERAGES ALCOHOLIC BEVERAGES ARE NOT PERMITTED ON THE STREETS OF FAIRHOPE. If requested, the Fairhope City Council may allow alcoholic beverages on the streets and/or sidewalks of Fairhope. If alcohol is allowed, the user must adhere to all rules of the Alabama Beverage Control Board and its permitting process. All permits required must be submitted to the City of Fairhope Police Chief prior to the event. NO GLASS OR OPEN CONTAINERS ARE ALLOWED. RESTROOMS Restroom facilities are located in downtown Fairhope. If portable toilets are to be used, please indicate this on your reservation form. Portable toilets must be placed and removed within 24 hours of the event. Location will have to be coordinated with the City of Fairhope Public Works Dept. or your City events coordinator. Ordinance No. 1220 Page —3- SOUND The City has a noise ordinance that prohibits excessive noise. We ask that you please be considerate at all times. The noise ordinance will be enforced by security. At any time if security feels there is not responsible monitoring of sound amplification then he/she has the authority to shut down your event. TENTS/STAGING All tent and staging placement must be approved by your City of Fairhope event coordinator. ELECTRICALIWATER Please communicate all electrical/water needs to your City of Fairhope event coordinator. Failure to do so may result in an additional fee. Any electrical service called outside normal business hours will be a fee for service. SEVERABILITY In the event that any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications hereof shall not thereby be affected. EFFECTIVE DATE This Ordinance shall take effect October 1, 2004, and publication as required by law. ADOPTED THIS THE 281h DAY OF June , 2004. Attest: Geniece W. Johnson, City er reasurer