Chapter V · Business Regulations

ARTICLE 4. SPECIAL EVENT PERMITS

Sections 5-401 to 5-411 · 11 sections

5-401 Purpose and intent.

The purpose and intent of this section is to provide for the temporary use of public property for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Furthermore, it is the intent of this section to protect nearby property owners, residents and businesses from special events which may be disruptive, obnoxious, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics and the nature of the proposed use. Finally, it is the intent of this section to preserve the public health, safety and convenience.

(Ord. 1050; Code 2016)

5-402 Unlawful to operate without a permit.

It shall be unlawful for any person to use the streets, or other public places, including sidewalks, city owned parking lots and parks, for any special event, without first obtaining a permit as described in this Chapter.

(Ord. 1050; Code 2016)

5-403 Definitions.

“Special Event” shall mean the use of any public street, public right of way, park or other public facilities which is owned and operated by the city, for events including (but not limited to) sporting events, music festivals, pageants, reenactments, regattas, entertainment, public assemblies, demonstrations, and other activities which would require closure or limitation of some or all of said facilities for the uses to which they are generally available.

“Not for profit organization” as referred to this Chapter shall mean any organization recognized by the Internal Revenue Service (IRS) as an exempt organization by the Internal Revenue Code (“I.R.C.”) section 501(c).

“Operator “ shall mean a person, association of persons, corporation or the agent of the same who owns, controls or has the duty to control the operation of a circus, carnival, sideshow, rodeo, wild west show, animal show, or other similar activities.

“Profit organization” as referred to in this Chapter shall mean any individual or organization not meeting the criteria of I.R.C. section 501(c).

“Sponsoring agency” shall mean any profit or non-profit organization which is sponsoring a special event.

(Ord. 1050; Code 2016)

5-404 Issuance of permit.

No special event that is to be conducted on public property shall commence operation, or operate, within the city before an approved special event permit has been issued by the city clerk or designee.

(Ord. 1050; Code 2016)

5-405 Fees.

Upon the filing of an application, the operator or the sponsoring agency shall pay the city clerk the required fees. The fees shall be adopted by the governing body of the city by resolution.

(Ord. 1050; Code 2016)

5-406 Fee exemption.

Not for profit organizations and neighborhood block parties are exempt from certain fees and application requirements. These fees include (but are not limited to) the application fee, facility rental fee, equipment rental fee, etc. Fees and requirements to be waived will be determined during the application review process.

(Ord. 1050; Code 2016)

5-407 Suspension and revocation of permit.

The city manager or designee, upon notice, shall revoke or suspend a permit for any one of the following reasons:

(a)If the permit holder has fraudulently obtained the license by giving false information in the application.

(b)If the permit holder has violated any of the provisions of this Chapter or any requirement, rule or regulation promulgated under the authority of this Chapter.

(c)If the permit holder has become ineligible to obtain a permit under this Chapter.

(d)If it has been shown in any competent court of law probable cause leading to formal charges, or indictment by a grand jury, of the operator or manager for any felony offense or any offense described in this Chapter, the permit shall be suspended. The suspension shall be lifted upon dismissal of such charges, acquittal in a court of law, or, in the case of a manager, upon the installation of a new manager who meets the requirements of licensure under this Chapter.

(e)If the operator of the event is convicted of any felony offense or any offense described in this Chapter, the permit shall be revoked.

(Ord. 1050; Code 2016)

5-408 Clean up.

The operator or sponsoring agency shall clean and restore the location where the special event operates to the condition which existed thereon prior to the occurrence of the event. Upon failure to do so the city shall proceed to clean up the location and bill the operator or sponsoring agency for the costs. The city may file a civil action in the Douglas County District Court to collect unpaid costs, but the filing of such action shall not prevent the filing of an action in the Municipal Court for violation of this section.

(Ord. 1050; Code 2016)

5-409 Additional parade regulations.

(a)The parade chairman or other person heading or leading such activity shall carry the special event permit upon his or her person during the conduct of the parade and shall be responsible for moving the parade from its point of origin to its point of termination expeditiously and without unreasonable delays in route.

(b)It shall be unlawful for any person to unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.

(c)It shall be unlawful for any driver of any vehicle to drive a vehicle between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade; provided, however, that this provision shall not apply to police, fire or ambulance vehicles when engaged in police or ambulance services.

(d)The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street, or part thereof constituting a part of the route of a parade and to post signs to such effect. It shall be unlawful for any person to remove the signs before the event is completed. It shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.

(e)It shall be unlawful for any person to engage in, participate in, aid, form, or start any parade without first obtaining a permit therefore as provided for herein, or who shall otherwise violate any of the provisions of this Chapter.

(Ord. 1050; Code 2016)

5-410 Rules and regulations.

The city manager is hereby authorized to promulgate such reasonable rules and regulations as are necessary to carry out the provisions or the intent of this Chapter. Any dispute over the interpretation and application of such rules and regulations may be appealed to the city commission. The decision of the city commission regarding such policy appeal is final.

(Ord. 1050; Code 2016)

5-411 Penalty for violations; actions.

The violation of any of the provisions of this Chapter is a misdemeanor, and any person, firm, association, partnership or corporation convicted thereof shall be punished by a fine not to exceed Fived Hundred Dollars ($500.00); and the City of Eudora, Kansas, shall further have the authority to maintain suits or actions in any court of competent jurisdiction, mandamus, or other appropriate action or proceeding to prevent the set-up, erection, construction, reconstruction, alteration, maintenance or use of a special event, or to correct or abate such violations. Each and every day any violation of this Chapter continues shall constitute a separate offense.

(Ord. 1050; Code 2016)