APPLICATION PROCESS: 1. Pick up the application at the Gainesville Police Department or print from http://www.gainesville.org/special-permits 2. Complete the application a. Fill out application beginning at lower half of page two (2) and all of pages three (3) and four (4) b. Sign, date and witness page five (5) 3. File application a. Return to Gainesville Police Department b. Will be reviewed for completeness pages two (2) through five (5) c. If incomplete, application will be returned 4. Application Review a. Reviewed by Permit Committee 5. Permit Issuance a. Time/date issues b. Route/day/date/time c. General conditions d. Special conditions 6. Appeal of Denial a. Appeal must be filed within three (3) days of decision of Denial b. Appeal must be filed in writing with the City Clerk of Gainesville c. Appeal will be reviewed by Permit Appeal Committee GPD 05/06/11 Page 1 of 13 SSB 067
DO NOT FILL OUT: Gainesville Police Department Use Only Application Pick Up / Initials Application Filing* / Initials Application Review Committee Meeting E-Mail Telephone Assemble Application Approval Chief of Police Application Disapproval Chief of Police *APPLICATION FOR A SPECIAL EVENT PERMIT SHALL BE FILED NOT LESS THAN 10 DAYS OR MORE THAN 120 DAYS BEFORE THE DATE ON WHICH IT IS PROPOSED TO CONDUCT THE EVENT. CITY ORDINANCE #92-39 REQUEST of Event Location Assemble Time Start Time Finish Time Purpose or Theme GPD 05/06/11 Page 2 of 13 SSB 067
SPONSORING ORGANIZATION OR INDIVIDUAL: Name Mailing Address Phone Cell Work Home Email FILING OFFICER (IF ORGANIZATION): Name Position Email ORGANIZATION OFFICERS: President Name Title Phone (Work) (Cell) Vice President Name Title Phone (Work) (Cell) Secretary Name Title Phone (Work) (Cell) Treasurer Name Title Phone (Work) (Cell) Event Marshall Name Title Phone (Work) (Cell) Email GPD 05/06/11 Page 3 of 13 SSB 067
EVENT DESCRIPTIONS: Expected Number of Participants Expected Number of Units Length of Time of Event Is Event Continuous Process Yes No Distribution of Literature, Candy, Souvenirs, Etc. Yes No Use of Mega Phones (If yes, separate permit required.) Yes No Are any Stationary Rallies Included (If yes, separate permit required.) Yes No Event Marshall Yes No Honor Guard / Color Guard Provided Yes No Brief Information on Event (Attach Flyers or use separate pages if necessary) Brief Information on Logistical Requirements NEEDED from Public Safety Agencies for Event (Attach separate pages if necessary) GPD 05/06/11 Page 4 of 13 SSB 067
By indication of my signature below, I have read the accompanying rules and regulations concerning the City Ordinance pertaining to the permit for which I have applied and I agree to all the conditions thereof. Additionally, I understand that I am also responsible for all participants knowledge of such terms and conditions in the event Filing Officer or Sponsoring Organization Witness GPD 05/06/11 Page 5 of 13 SSB 067
Gainesville Code of Ordinances, 1992 Ordinance Number 92-39 An ordinance to amend Chapter 6-7 entitled THEATERS, CARNIVALS AND AMUSEMENTS of the Code of Ordinances of the City of Gainesville, Georgia: by repealing Article 2 entitled PICKETING AND PUBLIC DEMONSTRATIONS (Sections 6-7-21 through 6-7-50) and inserting a new Article 2 entitled PICKETING AND PUBLIC DEMONSTRATIONS (Sections 9-7-21 through 6-7-32); by repealing Article 3 entitled PARADES (Sections 6-7-51 through 6-7-100) and inserting a new Article 3 entitled PARADES to provide regulations for parades on the streets, sidewalks and public was of the city (Section 6-7-51 through 6-7-82); by repealing Article 4 entitled SPECIAL EVENTS (Sections 6-7-101 through 6-7-150) and inserting a new Article 4 entitled SPECIAL EVENTS to provide regulations for special events on the streets, sidewalks and public property of the city (Sections 6-7-101 through 6-7-139); by repealing Article 5 entitled PROCEDURE FOR APPEAL (Sections 6-7-151 through 6-7-153); to repeal conflicting ordinances; to provide for severability; to provide for codification; to provide for an effective date; and for other purposes. Be it ordained by the City Council of the City of Gainesville, Georgia as follows: SECTION I Articles 2, 3, and 4 and Sections 6-7-21 through 6-7-153 of the Code of the City of Gainesville shall read as follows: ARTICLE 4. SPECIAL EVENTS DIVISON 1. GENERALLY Section 6-7-101 Short title. This article shall be known and may be cited as the "special events ordinance" of the city. Section 6-7-102 Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Permit means a permit as required by this article. B. Person or applicant is any person, firm, partnership, association, corporation, company or organization of any kind. C. Sound-amplifying system means any system of electrical hookup or connection, loudspeaker system or equipment, sound-amplifying system, and any apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of the human voice, musical tone, vibration or sound wave. D. Special event means the temporary use, with a valid permit, of public property, including streets, sidewalks, beaches, parks, and community centers for the purposes of conducting certain short-term events such as art shows, music concerts, fundraising events, sidewalk sales, amusements, attractions, circuses, carnivals, rodeos, sporting events, including, but not limited to, walkathons, marathon runs, "10K's", exhibitions or related activities. Special events shall be events other than those included in section 6-7-21 et seq. and 6-7-51 et seq. GPD 05/06/11 Page 6 of 13 SSB 067
Section 6-7-103 Interference with Special Event Prohibited No person shall knowingly join or participate in any special event in violation of any of the terms, conditions or regulations of the permit issued therefor, or knowingly join or participate in any special event without the consent and over the objection of the permittee or in any manner interfere with the orderly conduct of such event. Section 6-7-104 Special Events Committee Established There is hereby established a special events committee composed of the chief of police, the fire chief, the city clerk, the parks and recreation director, Georgia Mountains Center director and the public works director, or their designated representative. The police chief or his authorized representative, shall be the chairperson of the committee. Section 6-7-105 Penalty for Violation of Article Any person violating any provision of this article or condition of the permit shall, upon conviction thereof, be punished as provided in section 1-1-7 of this Code; and each person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted. Section 6-7-106 6-7-102 Reserved DIVISION 2. PERMIT Section 6-7-121 Required No person shall organize, produce, direct, conduct, manage, institute or carry on any special event without a permit first had and obtained from the chief of police. A permit is required if the applicant desires to reserve and preempt public use of a portion of public property for a temporary period. No person shall promote, advertise, encourage or solicit attendance or otherwise participate in any way in a special event for which no permit has been issued, or for which such permit has been suspended or revoked. Section 6-7-122 Application Generally; Specific Locations for Music Concerts; Dance Permits A. An application for a permit for a special event shall be filed with the chief of police not less than ten (10) or more than one hundred twenty (120) days before the date proposed for holding a special event. Such application shall be signed by the applicant or their authorized agent. B. Music concert permits shall only be issued upon approval according to the procedures set forth by the special events committee. Section 6-7-123 Contents of Application Application for a permit to hold a special event shall be made on forms provided by the police department and approved by the special events committee. The application shall contain the following: A. The name and address of the applicant and, if the same is a corporation, the names of its principal officers or, if the same is a partnership, association, organization or fictitious GPD 05/06/11 Page 7 of 13 SSB 067
company, the names of the partners or persons comprising the association, organization or company with the address and telephone number of each; B. If the applicant is a charitable or religious association, the application shall be signed by two (2) officers of the association, and shall include the following: 1. A list of the names of all persons authorized to solicit contributions on behalf of such association; 2. Total amount of funds sought to be raised; 3. The percentage of funds to be used for expenses and the percentage of funds to be used for charitable or religious purposes; 4. A financial statement showing the fiscal period ninety (90) days prior to the filing of the application; and 5. If a promoter or non-charitable association or entertainment group or person is to be used to raise funds for the charitable association, the true and fictitious names, home and business addresses of the promoter, non-charitable association, entertainment group or person. C. A detailed description of the special event proposed to be held, the number of persons participating in the event, number of spectators and vehicles expected, the purpose of the event, the date, hours and location where the event is proposed to be held, and the participant entry fee, if any, to be charged; D. A detailed description of the equipment to be used, if any, including the number and types of vehicles, the number of sound-amplifying systems, whether mounted, portable, or stationary, the time and area of operation of the sound-amplifying systems, the number and type of special units such as musical groups, animal zoos or shows and the like; E. An agreement that the city shall be compensated for any damage to public property, and that the site shall be cleaned and restored to the condition in which it was found prior to the holding of the special event; F. A detailed list of items to be sold and/or given away; G. The application shall be signed by the applicant under penalty of perjury; H. Such other information as the special events committee may require to adequately evaluate the application. Section 6-7-124 Procedure for Processing Special Event Permit Applications All applications for permits to hold special events shall be filed with the police department to be forwarded to the members of the special events committee for investigation of the persons involved with the activity proposed to be conducted, and other facts, circumstances and information relating to such application; and the special events committee shall, within seven (7) days after the filing of an application, grant or refuse to issue a permit unless additional information is required. If any member of the committee objects to the issuance of the permit, the chairperson shall promptly convene a meeting of the committee. If the committee does not unanimously approve the permit, the permit shall be denied. Grounds for denial of a permit are set forth at section 6-7-132. Section 6-7-125 State Permit Prior to the issuance of a permit under this article, the applicant for such permit shall obtain any state permit required by law or by the regulations of the state department of transportation. GPD 05/06/11 Page 8 of 13 SSB 067
Section 6-7-126 Notice of Granting or Refusal of Permit The granting or refusal of any permit by the permit review committee shall be final unless appealed to the permit appeals committee in writing within three (3) days from the date of service of written notice of the decision of the permit review committee on the application. Failure to file an appeal within such three-day period shall constitute a waiver of the right to such appeal. Such notice shall be deemed received five (5) days after deposit, postage prepaid, in the United States mail. Section 6-7-127 Permit Appeals Committee A permit appeals committee consisting of the city manager and city attorney shall hear appeals on all or part of an application for a permit, or any permit previously granted, either upon request of the applicant of the permit review committee after five (5) days' written notice thereof to the applicant and the permit review committee. Such appeal shall be a condition precedent to judicial review. Section 6-7-128 Appeal Procedure Any person aggrieved shall have the right to appeal in writing the denial of a special events permit to the permit appeals committee as set forth in Article 5 of this chapter. Section 6-7-129 Alternative Permit The special events committee may grant the permit conditioned on the conduct of the special event on a date, at a time, or at a different location from that requested by the applicant. An applicant desiring to accept an alternate permit shall, within two (2) days after notice of the action, file a written notice of acceptance with the police department. An alternate special event permit shall conform to the requirements of, and shall have the effect of a special event permit under this article. Section 6-7-130 Surety and Insurance A. Prior to the issuance of a permit, the chief of police may require: 1. In lieu of an agreement to compensate the city for loss or damage to public property, the deposit of a surety bond, letter of credit, or cash in an amount sufficient to guarantee the cleaning up of the site and the removal of any debris left as a result of the holding of a special event; if it determined that the special event will warrant the presence of police officers, paramedics, special officers for patrol or parking duty or lifeguards, the special events committee shall also require the deposit of a surety bond or cash in any amount sufficient to pay the additional costs of providing such officers or lifeguards; and 2. That the applicant provide public liability insurance and property damage insurance, including products liability coverage written by an insurance company acceptable to the special events committee in minimum limits as set by the special events committee naming the city as an insured; or 3. Execution a hold harmless agreement, indemnifying the city for any personal injury or property damage arising from such special event. B. The special events committee shall consider the recommendation of the city risk manager, as to the likelihood of harm to participants and spectators, as well as the financial hardship to the applicant when deciding if insurance is required. GPD 05/06/11 Page 9 of 13 SSB 067
Section 6-7-131 Conditions for Granting Permit A. As a condition to granting a permit, the special events committee may impose reasonable terms and regulations concerning the time and place of such event, the area and manner of conducting such event; the maximum number of persons participating therein; the regulation of traffic, if required, including the number and type of vehicles, the number and type of signs and barricades to be provided by applicant, if any, together with a plan of their disposition attached to the application; permissible decibel levels; and such other requirements as it may find reasonable and necessary for the protection of persons and property. B. The special events committee may require the applicant to compensate the city for incidental costs such as utility charges, increased fire, and/or police protection and/or additional lifeguard services. The permittee, as a condition to granting the permit, agrees to bear such costs. C. As an additional condition to granting such permit, the applicant shall be required to ensure that participants and spectators of the special event abide by the rules and regulations of this Code and all other applicable local, state and federal laws. D. The applicant may request a waiver of any condition set forth herein. Section 6-7-132 Grounds for Denial of Permit A. The special events committee shall not issue any permit if he or she finds any of the following: 1. The application is not on the form provided or does not contain the required information; 2. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit; 3. The building, structure, equipment or location of such special event does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all of the ordinances of the city, the county or the state applicable thereto; 4. The activity or location of the activity is such as to not interfere with or unreasonably obstruct the free flow of vehicular traffic or other means of travel on any public street, or with pedestrian traffic on the sidewalks; 5. Proof of insurance, as may be required by this article as a prerequisite to the holding of a special event, has not been filed with the city; 6. The conduct of the special event will be contrary to law; 7. The conduct of the special event will unreasonably interfere with the preservation of the public peace, health, safety or welfare of the public; 8. The applicant has had a similar special event permit denied for good cause within one (1) year prior to the application, and can show no material change in circumstances since such denial; 9. The applicant refuses to agree to, abide by or comply with all conditions and regulations attendant upon such permit; and 10. Such event will interfere or conflict with another event for which a permit has already been issued, or will interfere or conflict with another event for which no permit is required by this Code. B. The special events committee shall notify the applicant in writing specifically stating all reasons for denial of the permit. GPD 05/06/11 Page 10 of 13 SSB 067
Section 6-7-133 Reconsideration Of Application A permit appeals committee consisting of the city manager and city attorney may reconsider all or part of an application for a permit, or any permit previously granted, either upon request of the applicant or the special events committee after five (5) days' written notice thereof to the applicant. Such motion for reconsideration shall be a condition precedent to judicial review. Section 6-7-134 Contents Of Permit A special event permit shall contain the following: A. The name of the person or organization to whom issued; B. The address and telephone number of the person or organization named on the permit; C. The type of activity for which the permit has been issued; D. The date, hour and location for the event; E. Expiration date; and F. Any conditions imposed on the holding of such special event. Section 6-7-135 Late Applications The special events committee, where cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than ten (10) days before the date the special event is proposed to be conducted. Section 6-7-136 Notice To City And Other Officials Immediately upon the application for a special event permit, the police department shall send a copy thereof to the following: A. The city manager; B. Special events committee; C. The city clerk; D. The fire chief; E. The public works director; F. The sheriff of the county; and G. The county public safety director. Section 6-7-137 Suspension Or Revocation Of Permit A. A permit for an event issued hereunder shall be summarily suspended or revoked by the chief of police or his designee at any time: 1. When he or she has reasonable cause to believe that any of the grounds exist for which the original application for permit would have been denied; or 2. When he or she has reason to believe that the health, safety and welfare of persons or property would be endangered because of inclement weather, real or threatened disaster, public calamity, riot or other emergency. B. Notice of such suspension or revocation shall be made in writing to applicant or permittee. Section 6-7-138 Exceptions For Public Entities No permit shall be required under this article for any event sponsored or cosponsored by the city or any department thereof. GPD 05/06/11 Page 11 of 13 SSB 067
Section 6-7-139 Penalty for Violation Any person violating any provision of this article or condition of the permit shall upon conviction thereof be punished as provided in section 1-1-7 of this Code; and each person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted. ARTICLE 5. PROCEDURE FOR APPEAL Section 6-7-151 Appeal of Denial, Suspension or Revocation of Permit An appeal from denial, suspension or revocation of a permit requested pursuant to the provisions of this chapter may be taken by the applicant, person or permittee to the permit appeals committee within three (3) days after service of notice of such action. Such appeal shall be in writing, setting forth fully the grounds upon which the appeal is based, and shall be filed with the city clerk who shall forward copies to the permit appeals committee and the permit review committee. The permit review committee shall submit to the permit appeals committee a report of the case appealed. Section 6-7-152 Permit Appeals Committee Action on Appeal A. Within thirty (30) days after the filing of an appeal with the city clerk, the permit appeals committee shall consider the appeal. Written notice of the time and place the permit appeals committee will consider the appeal shall be mailed by the city clerk to the applicant, person, or permittee who filed the appeal and the permit review committee at least three (3) days before the date set for hearing unless the applicant, person, or permittee shall waive notice in writing. Within five (5) days after the hearing, the permit appeals committee shall issue its decision. B. In any appeal, the permit appeals committee shall consider the application, the report submitted by the permit review committee and other pertinent information presented, and may grant or deny the permit subject to the conditions, terms and regulations set forth in this chapter. The decision of the permit appeals committee shall be final. Section 6-7-153 Decision review by permit review committee A. The permit appeals committee may, on its own motion made within twenty (20) days after the decision of the permit review committee, review the issuance, denial, suspension or revocation of any permit, or review any condition, term or regulation attached thereto. B. If, after review, the permit appeals committee determines that the matter should be considered on appeal before such body, it shall order the city clerk to notify the applicant, person, permittee, permit review committee, and any other affected parties of the time and place of such consideration, as hereinabove provided. After such consideration, the permit appeals committee may grant or deny the permit subject to the conditions, terms and regulations set forth in this chapter. Section II All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Section III If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionally shall not affect or impair the remaining protions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. Section IV GPD 05/06/11 Page 12 of 13 SSB 067
This Ordinance is enacted to repeal Articles 1, 2, and 3 and Sections 6-7-21 through 6-7-153 and insert new Articles 1, 2, and 3 and Sections 9-7-21 through 6-7-153 of the Code of Ordinance of the City of Gainesville, Georgia Section V The effective date of this Ordinance shall be upon approval by the City Council of the City of Gainesville. GPD 05/06/11 Page 13 of 13 SSB 067