Loading...
HomeMy WebLinkAboutORDINANCE - 3379 - 5/13/2014 - SPECIAL EVENTS POLICYORDINANCE NO. 3379 AN ORDINANCE ESTABLISHING A SPECIAL EVENTS POLICY FOR THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, each year, there are special events sponsored by the Village or sponsored by various community organizations held for the purpose of creating activities to foster community spirit, to increase business activity and tourism and provide other social and economic benefits to the Village; and WHEREAS, such special events require advanced planning to review the potential impact the event will have on the health, safety and welfare of the attendees thereof as well as the impact the event will have on the Village; and WHEREAS, in order to facilitate, coordinate and control these concerns, it is necessary that an events policy be established for all affected parties. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage as follows: Section 1: That the Village hereby approves and adopts the Village of Elk Grove Village Special Events Policy, a copy of which is attached hereto and incorporated herein. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 13t' day of May 2014. APPROVED this 13t' day of May 2014. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk SpecialEventsPolicy Village of Elk Grove Village Special Events Policy Special Events by their nature require advanced planning. Such planning involves examination of the impact to health, safety and welfare of those attending, as well as those impacted by the event. The purpose of this policy is to establish planning requirements and procedures for examining the various impacts associated with the special events. pV E M. A,' ; .� `FcF�'l�oNnt.Co`� April 1, 2014 A. DEFINITIONS — For the purpose of this Special Events Policy and future amendments thereto, certain terms and words are hereby defined. Whenever the following words, terms and/or phrases are used, they shall have the meanings respectively ascribed to them as specified below, except where the context indicates a different meaning: 1. COMMUNITY EVENT: Means a special event sponsored by the Village or an event which is taking place in the Village and sponsored by another entity or association. 2. COMMUNITY EVENT SIGN: Means a banner or poster used to promote a community event, displayed at Village designated locations or on Village -owned or designated community event signs. 3. COMMUNITY ORGANIZATION: Means a non -For-profit or governmental organization located within the corporate limits of the Village or sponsored by qualifying charitable, civic, or governmental organizations which seek to strengthen and enhance certain aspects of the community and to strengthen Elk Grove Village's identity. 4. CORPORATE AUTHORITIES: Means the Mayor and Board of Trustees of the Village of Elk Grove Village. 5. EDUCATIONAL ENTITY: Means any state, regional, local, religious, or private educational entity, including but not limited to School District 54, Community Consolidated School District 59, Queen of the Rosary Catholic School, Township High School District 211, Township High School District 214, Harper College, Oakton Community College, Dominican University. 6. EVENT: Means a parade, public assembly, special event, or similar activity requiring a permit. 7. EVENT MANAGER: Means the person responsible on behalf of the sponsoring organization and/or pennittee for managing the event. 8. EXHIBIT: Means an object or collection of objects shown in an exhibition, display or fair. 9. GOVERNMENTAL ENTITY: Means any federal or state entity or agency and any unit of local government including but not limited to the Village of Elk Grove Village, the Elk Grove Public Library, the Elk Grove Park District, the Elk Grove Township, and the County of Cook. 10. NON -SPONSORED VILLAGE COMMUNITY EVENT: Means an event which will be held within the Village and/or which will require the use of special Village services, and: a. Is open to the public; b. Certain elements of the event occur in the Village or on public property (at minimum, the event will either commence or end in the Village); and Page 2 of 9 c. Is community -oriented and includes activities that attract people to or retain people in the Village and/or increase business activity, tourism, and/or awareness within the Village; and d. The event is organized and held with an objective of serving as a fundraiser for the organization, but the event does provide some level of economic, cultural, or social benefit to the Village. 11. NORMAL COURSE OF OPERATION: Means the basic activity and/or purpose of any governmental, educational or religious organization and shall not include special events or other activity not normally associated with such entity or organization. 12. PARADE: Means any march, ceremony, show, exhibition, pageant, or procession of any kind, or similar display, upon any public property in the Village. 13. PERSON: Means any individual, partnership, association, organization, or corporation. 14. PERMIT: Means a non -transferable permit issued by the Village to hold a special event, parade, or public assembly in the Village. 15. PERMITTEE: Means any person or organization that has been issued a permit. 16. PRIVATE ENTERTAINMENT EVENT: Means events of a temporary nature intended for a limited number of attendees or other exclusive groups and which is not intended for the general public. 17. PUBLIC ASSEMBLY: Means any congregation or gathering of persons upon any public property for the purpose of expressing views or opinions on specific topics. I8. PUBLIC PROPERTY: Means any property owned by or dedicated to the Village or other governmental agency including streets, roadways or dedicated rights-of-way. 19. SPECIAL EVENT: Means an event which will be located, in whole or in part, within the Village and/or which will require the use of special Village services. 20. SPECIAL VILLAGE SERVICES: Means services provided by the Village during an event which are in addition to, above and/or beyond the respective level of such services and/or operations normally provided by the Village, which services may include, but are not limited to, any of the following: street closures, provisions of barricades, trash or recycling receptacles; special parking signs, special electrical services; special police protection, special fire/EMS protection; or use of Village vehicles and/or equipment. Page 3 of 9 21. SPONSORING ORGANIZATION: Means any partnership, association, organization or corporation, including the Village, which has been issued a permit for any event. 22. SUPPORT STRUCTURES: Means any temporary structures erected in connection with any event, including but not limited to stages, scaffolding, bleachers, tents, stands, and/or booths. 23. VILLAGE: Means the Village of Elk Grove Village. 24. VILLAGE CLERK: Means the Village Clerk or Acting Village Clerk of the Village. 25. VILLAGE CODE: Means the Village Code of the Village, as amended from time to time. 26. VILLAGE LIAISON: Means the Village staff member assigned to function as the primary Village contact for an event. 27. VILLAGE MANAGER: Means the Village Manager of the Village, or his/her designee. 28. VILLAGE SPONSORED COMMUNITY EVENT: Means an event which will be held, in whole or in part, within the village, and: a. May require the use of special Village services, and: b. Is open to the public; and c. Is solely sponsored by the Village or co-sponsored by the Village in conjunction with a community organization or is otherwise supported by the Village as evidenced by inclusion in the Village budget; and d. The event is organized and held with the primary objective that creates activities that attract people to or retain people in the Village, to foster community spirit, to increase business activity and tourism, and/or to provide other economic and/or social benefits to the Village. B. PERMIT REQUIRED / EXEMPTIONS / COSTS — 1. PERMIT REQUIRED: It shall be unlawful for any person to conduct a Community Event within the Village unless a permit for such event has been issued. The cost of the permit is $50.00 which fee shall be in addition to other costs for Village Services as well as any third - party costs deemed necessary by the Village Manager. 2. EXEMPTIONS FOR GOVERNMENT, EDUCATIONAL AND RELIGIOUS ORGANIZATIONS: All Elk Grove Village governmental, educational or religious entities or organizations shall be exempt from the permit requirements provided that their event is in the normal course of the entity's operation. Events which are deemed outside an entity's normal course of operation shall be subject to all permit requirements and regulations. Page 4 of 9 3. PRIVATE PROPERTY EXEMPTION: Private entertainment events held on private property shall be exempt from obtaining a Community Event permit. PAYMENT OF CHARGES FOR VILLAGE SERVICES: All events, whether a permit is issued or not, shall be responsible for all labor and material charges and costs of the Village, if any, with respect to street closures, traffic control, temporary structures or signage, electrical connections and any other Village service deemed necessary for such events. In addition, there may be an additional cost for any third -party expenses when the Village Manager determines it necessary for the Village to contract for such additional services as a result of the event activities. C. PERMIT APPLICATION: Any person wishing to secure an event permit shall submit an application to the Village Manager's Office not less than sixty (60) days before the date for which the event is proposed unless a later filing date is approved by the Village Manager for good and compelling cause. All applications for a special event permit shall contain, include or be accompanied by the following information or documentation in addition to any further information which may be requested by the Village Manager in order to determine whether a permit should be issued: I. The name, address and phone number of the person signing the application, the proposed permittee, and the applicant's event manager, who shall be responsible for and ensure compliance with all permit requirements and regulations and who shall be the primary contact between the permittee and the Village. 2. A description of the event that will be conducted. 3. The dates, times, and location of the event, including but not limited to the hours that the event will commence and terminate, the location of the assembly area, the time when the participants will begin to assemble, and/or the times necessary for any assembly and/or dismantling of any support structures. 4. The estimated number of people who will be in attendance at the event, if known or readily attainable. 5. A statement as to whether food and/or alcoholic beverages will be sold or available during the event and a copy of the license or the application for any license required therefor or other required licenses, if any and fees related thereto. 6. The route, including starting and termination points, to be traveled, if applicable. 7. If the applicant is an agent for or co-partner with another organization, documentation that the applicant has authority to represent such organization must be filed. Page 5 of 9 8. A statement identifying the special Village services, if any, the applicant will either request or will be required to provide. 9. A copy of the tax exemption letter issued for any applicant claiming a tax-exempt non-profit status. 10. A proposed traffic and pedestrian circulation plan, if applicable. 11. The number and location of portable sanitation facilities when and where appropriate. 12. The number of persons proposed or required to monitor or facilitate the event, including provisions for spectator or participant control and direction. 13. Provisions for first aid and emergency medical services, based on risk factors attendant to the event. 14. If deemed necessary by the Village, a copy of an insurance policy for public and general liability in an amount of $1,000,000 naming the Village, its officers, employees, and agents, as additional insured for the event, as well as an agreement (in form approved by the Village Attorney) by the permittee and sponsoring organization to indemnify and hold harmless the Village and its officers, employees, and agents from all losses, damages, injuries, claims, demands and expenses arising out of the operation of the event or the condition, maintenance and use of the public property involved with the event. 15. A statement as to whether the applicant has been granted an event permit or similar permit by the Village or other Illinois municipality within the preceding two years and whether any such permit has ever been revoked and the reasons therefor, or whether the applicant has ever been convicted of a misdemeanor or a felony and, if so, the nature of the offense and the penalty assessed. 16. A sworn affidavit that all information provided on the application is complete and truthful. D. REVIEW OF PERMIT APPLICATION — VILLAGE LIAISON: The Village Manager will assign to each event a Village Liaison who will assist the applicant throughout the application process and will be the primary contact. Upon receipt of an application for a permit, the Village Manager shall forward the application to the Village Liaison he or she specifically selects for such event. The event manager will be notified by the Village Liaison if the event requires additional permits or licenses all of which must be obtained before an event permit will be issued. The Village Liaison shall forward copies of the application(s) to the Chief of Police, Fire Chief, Director of Community Development, the Director of Public Works, and/or any other departments of the Village which may be affected by the event. Following review by each department of the application(s), the Village Liaison shall coordinate the comments and recommendations Page 6 of 9 from the various departments and submit such information and make recommendations to the Village Manager. Each Village department shall analyze the application with respect to conforming to applicable Village Code. 2. RECOMMENDATION: After receipt and consideration of the recommendations from all other department heads, the Village Liaison shall make a recommendation to the Village Manager who shall consider said recommendations and shall distribute to the Corporate Authorities copies of the application and the recommendations of the Village Liaison and department heads, together with said Village Manager's recommendation pursuant to Paragraph 3 hereof. 3. REVIEW BY VILLAGE MANAGER: The Village Manager shall issue hislher approval or disapproval of an application for permit, based upon a review and consideration of the written recommendations and/or objections of the appropriate Village departments and that of the Village Liaison. If the event is a Special Event, the Village Manager shall approve or disapprove the application based upon his/her determination as to whether the proposed event is in the best interest of the Village and its residents, and based upon the criteria set forth below. If an event will require use of a portion of any public property, the Village Manager shall submit his/her recommendation of approval or disapproval to the Corporate Authorities for their consideration and action thereon, again, based upon the criteria set forth below. The criteria to be met by the applicant shall include, but are not limited to, the following: a. The applicant has complied with all applicable requirements of the Village Code and this Special Events Policy. b. The proposed event will not substantially or unnecessarily interfere with traffic in the area. c. There are available, at the time of the event, a sufficient number of police and/or volunteer personnel to provide adequate police protection, traffic control, and/or crowd control for the event. d. The concentration of fire/EMS and/or police required at the event will not prevent proper police protection, fire protection, and/or EMS service to the general public. e. The event will not subject the surrounding neighborhood to an unreasonable degree of noise, littering or parking difficulties, or other adverse conditions in light of the character of the neighborhood. f. The event will not conflict with any other event which has been previously scheduled. g, The event will not need any other additional special Village services that cannot be reasonably made available. E. DENIAL OP PERMIT / APPEAL — The Village Manager may deny the issuance of a permit and shall, thereafter, notify the applicant, in writing, of such denial. The applicant shall have the right to appeal such denial to the Corporate Authorities, in writing, and within ten (10) days Page 7 of 9 of the denial notification date. The Corporate Authorities shall set a time and date for a hearing on the appeal and all interested parties will be given an opportunity to be heard. Upon completion of the hearing, the Corporate Authorities will render a decision within five (5) days, which decision and order of the Corporate Authorities shall be deemed final. F. COMPENSATION FOR VILLAGE SERVICES / FEE WAIVER — The Village may require Village personnel, including, but not limited to, Police, Fire, Public Works and Health Service employees to perform certain duties or functions at the event. The Village shall determine the amount of personnel necessary to ensure the safety of participants, minimize inconvenience to Village residents, and reduce public liability exposure to the permittee and the Village. The cost of all special services provided, including special Village services requested by the permittee shall be charged to the permittee. A final invoice will be transmitted to the permittee within thirty (30) days after completion of the event, which invoice must be paid within thirty (30) days upon receipt. Upon request, the Corporate Authorities may consider a waiver of all or a portion of the fees for services should the permittee provide the Village with special circumstances warranting any such waiver, it being understood that it is the primary intent of the Village that the costs of the event be borne by the Permittee. Any request for a waiver, in whole or in part, shall be made prior to the event taking place. G. SUSPENSION I REVOCATION OF PERMIT —The Village Manager may suspend or revoke a permit during or prior to an event due to any of the following circumstances: 1. Operation of the event is contrary to the conditions and regulations set forth in the permit 2. It is determined that the permit application contains false or fraudulent information. 3. That the Permittee was not initially eligible for the issuance of the permit. 4. The insurance submitted has lapsed or has been cancelled. 5. If the suspension or revocation is deemed necessary by the Village Manager to preserve the health, safety and welfare of the public. The Applicant or Permittee, as the case may be, shall have the right to an immediate and timely appeal to the Corporate Authorities, a hearing on said appeal to be held as soon as practicable, considering the timing circumstances related to the event. The request for an appeal shall stay the suspension or revocation, provided, however, the Village Manager may order the immediate cancelling of all event activities to prevent an immediate threat to the health, safety and welfare of the public. Page 8 of 9 H. WAIVER OF REQUIREMENTS / AMENDMENTS — The Corporate Authorities may, in their sole discretion, waive, for good cause, any of the provisions or requirements of this Special Events Policy. In addition, this policy may be amended from time to time as the Corporate Authorities deem necessary and without the requirement of a hearing ori adoption of an Ordinance pertaining thereto. Page 9 of 9