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HomeMy Public PortalAbout2001_06_26_r113 Approving a Special Events Policy'The Town of Leesburg, trgtnta PRESENTED June 26, 2001 RESOLUTION NO. 2001-113 ADOPTED June 26, 2001 RESOLUTION: APPROVING A SPECIAL EVENT PERMIT POLICY WHEREAS, in 1996, Town Council approved Resolution Number 96-130 to provide staff with administrative authority to process and approve annual special events within the town; and WHEREAS, the 1996 resolution addressed fee waivers and street closings for such events as First Night Leesburg, the Halloween Parade, August Court Days, and the Flower and Garden Festival; and WHEREAS, new events developed after 1996 that required Town Council approval such as LAWS 5k Run, and the Lions Club Car Show; and WHEREAS, these events also involved fee waivers and street closings; and WHEREAS, Town Council requested staff to review the current policy and propose new procedures to address special events and street closings; and WHEREAS, staff developed procedures and criteria to include definitions, application and review processes, standards for approving street closings related to special events, fees and public notification; and WHEREAS, review of the current policy involved surveying other jurisdictions within theCommonwealth, and included the departments of police, public works, economic development, Town Attorney, and the Town Manager's office; and WHEREAS, the Leesburg Parks and Recreation Advisory Commission and the Leesburg Economic Development Commission (LEDC) reviewed and endorsed the respective policy; and RESOLUTION: -2- SPECIAL EVENT PERMIT POLICY and WHEREAS, the LEDC recommends an increase in the current general liability insurance; WHEREAS, staff consulted with the town's insurance provider, AH&T, as well as the town's insurance consultant, McNeary Insurance Consulting; and WHEREAS, both companies suggested that all events and activities be evaluated on a case-by-case basis and encouraged higher limits when determined necessary; and WHEREAS, staff contacted other jurisdictions within the Commonwealth, and it was determined that the other jurisdictions use the same $1 million threshold as Leesburg while reserving the right to require higher insurance limits if warranted; and WHEREAS, this recommendation is based on the information provided above inclusive of discussions with the Town Attorney, Director of Finance, and Deputy Town Manager; and WHEREAS, in March 2001, the amended Special Event Permit Policy was presented to the Town Council for review; and WHEREAS, the Council asked that the draft policy be shared with the residents and businesses impacted by special events; and WHEREAS, on May 8, 2001, a cover letter and the policy were mailed to over 400 residences and businesses; and WHEREAS, The deadline for businesses and residents to respond to the policy was May 28, 2001; and WHEREAS, as a result of this mailing, two citizen responses were received; and RESOLUTION: -3- SPECIAL EVENT PERMIT POLICY WHEREAS, the Director of Parks and Recreation for the Town of Leesburg endorses the Special Event Permit Policy; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Leesburg Town Council hereby approves the Special Event Permit Policy dated June 25, 2001. PASSED this 26th day of June 2001. B.J. b, Mayor Town of Leesburg ATTEST: erk of Council C.OrdsRes. SpecialEventPolicy2001 The Town of Leesburg Department of Parks and Recreation SPECIAL EVENT PERMIT POLICY (June 25, 2001) TITLE: This policy shall be known as the Special Event Permit Policy. 2. PURPOSE: It i s t he purpose o f t his policy t o provide for t he issuance o f special e vent permits t o regulate events on the public streets and public property of the town in the interest of public health, safety and welfare; and to provide for standardized fees, charges and procedures required to administer the permit process. 3. POLICY: It is the policy of the town, as implemented through this policy and any procedures adopted hereunder, to recognize the substantial community benefits that result from special events. These events provide cultural enrichment, promote economic vitality, and enhance community identity and pride. These events also provide opportunities for family activities and funding for our community's nonprofit agencies. Partnerships between the town, event sponsors, and the community are valuable in ensuring successful events. Therefore, the town will strive to accommodate special events. The town recognizes that events can be difficult to implement successfully and that the town requirements may represent a portion of an event's costs. When setting fees and conditions for events, the town will be sensitive to their impacts on the event's costs while balancing the town's obligation to protect public health and safety. It is the town's goal to have successful special events that enrich and enliven the community. 4. DEFINITION: For the purpose of this policy, a special event is defined as a preplanned activity sponsored by a group or organization proposed to be held on public property, or which would significantly impact either public property or normal vehicle and pedestrian traffic, requiring the use of town services for purpose of, entertainment, celebration, amusement, cultural recognition, amateur sports, demonstration of skill, or competition, or similar activities. Town sponsored events are defined as events/programs that are solely coordinated by town staff, and town funds, and of which all revenues generated from the event/program are returned to the Town of Leesburg's general revenue fund. Specific activities requiring a Special Event Permit include but are not limited to: foot races, bike races, parades/marches, festivals/carnivals, concert series, celebrations, tours, media productions, etc. SPECIAL EVENT PERMIT APPLICATION: a. Applicant(s) requesting a Special Event Permit shall obtain and complete an application form provided by the Department of Parks and Recreation. e go bo The application shall provide relevant event information specified in the permit application. APPLICATION SUBMITTAL: a. The application and application fee shall be submitted to the Department of Parks and Recreation for review and processing. b. A Special Event Permit request(s) shall be submitted at least 90 days prior to the date of the proposed event to allow adequate review time, which is 30 working days. c. Events shall list several alternatives for location, route, date and time. d. All applicants are responsible for obtaining permits relating to food and beverage service, signage, tent erection, fire codes, business licenses, and the collection of local and state taxes. e. As a condition of the permit, the applicant shall submit a current Certificate of Insurance naming the Town of Leesburg as an additional insured in the minimum amount of $1,000,000. The Committee reserves the right to recommend a higher amount depending on the proposed activity. INITIAL REVIEW: A representative of the Department of Parks and Recreation shall initially review the application to determine if all necessary information is provided prior to submittal to the Special Event Permit Committee for review. REVIEW PROCESS: a. The Special Event bo Co Permit Committee shall review Special Event Permit Application(s). The Special Event Permit Committee shall be comprised of one representative from each of the following Town of Leesburg departments: public works, police, and the Town Manager's office, parks and recreation, planning & zoning, and economic development (Tourism Coordinator). The committee shall confer with a neighborhood or business representative if such exists to officially provide representation. Applications shall be reviewed for the following event criteria: i. Description of the event activities. ii. Determine if the event(s) can be accommodated. iii. Estimate the costs the town will incur to support the event. iv. Safety of the event. v. Impact on police and fire protection during the event to all areas of the town. vi. Event will not cause irreconcilable interference with previously approved and/or scheduled construction, maintenance, or other activities in the town. vii. Location/route for event. viii. Event does not directly compete for town resources with an already established event in the affected area. ix. Event provides an impact mitigation plan including factors such as location, start/end time, duration, attendance, access, and financial impact for all events held within an established business or residential area. 2 Ow 10. do x. Pedestrian ingress/egress is maintained to nearby businesses and neighborhoods. Vehicle access should be provided if possible. xi. Noise impact of the event on surrounding businesses and neighborhoods. xii. Event complies with town and county laws, regulations, and zoning ordinances. xiii. The proposed activity is not to be held for the purpose of advertising any products, goods or event and is not designed to be held primarily for private profit; however, the prohibition against advertising shall not apply to signs identifying organizations or sponsors furnishing floats, transportation, equipment or facilities for the event. xiv. Downtown businesses and residents should be given priority consideration for participation in the respective event. A recommendation shall be presented to the Director of Parks and Recreation for: i. Endorsement of the event and request for a traffic alteration, or street closing; or ii. Approval - if no traffic alteration, or street closing is requested, and if the event is held at Ida Lee Park or other town parks. STANDARDS FOR APPROVING A STREET CLOSING FOR A SPECIAL EVENT bo The Town Manager may grant approval to close a public street for a special event if the following conditions are met: i. The proposed street c losing w ill not unreasonably interfere with normal use by the general public. In making this determination, the Town Manager may consider, among other things, the event's benefit to the economic life and vitality of the town. ii. The proposed street closing does not present a safety or health risk, or an environmental hazard. iii. The proposed street closing is compatible with the surrounding area or neighborhood, in consideration of anticipated noise, traffic, crowd capacity, and other identifiable factors. iv. Town resources necessary to support the street closing are reasonably available. v. The proposed street closing is not held primarily for private profit. The Town Manager may conditionally approve the street closing, subject to the applicant's acceptance of such conditions related to the date, time duration, route or location of the event, and any other restrictions as are reasonably necessary to protect the health, safety, welfare, peace and order. FEES: a. bo All events held in the Town of Leesburg shall be required to pay accordingly for services provided by the Town of Leesburg such as, Police Department, Department of Engineering and Public Works, and Department of Parks and Recreation. The application fee shall be submitted with the application and all other fees shall be paid 30 days prior to the event. 11. 12. Co i. Application Fee: $30.00 per application (a concert series is considered one event). ii. Police Services: $40.00 per hour, per officer. iii. Public Works services: $40.00 per hour, per staff member. iv. Park Attendant: $20.00 per hour, per staff member. v. Additional fees may include, but not limited to, electrical usage, water usage, equipment rental fees, and park usage. Application fee is non-refundable. Event fees are refundable if the event is canceled, and written notice is received by the Department of Parks and Recreation. Fees will be prorated in order to pay for services rendered prior to notification of cancellation. However, pro-rated fees will not be refunded if event is cancelled due to inclement weather. Fees may be waived for events sponsored by organizations to which the town may make gifts or donations under Section 15.2-953 of the Code of Virginia, a copy of which is attached. The events and sponsors on the attached list have been determined to meet the statutory test and shall be exempt from any fees. Town Attorney will review fee waiver request to determine if a proposed event meets the requirements per the code of Virginia. NOTIFICATION TO APPLICANT: a. The Department of Parks and Recreation shall provide the applicant with written notification regarding cost for town services and approval of the special event permit application. The approval process is 30 working days. b. The Town of Leesburg reserves the right to alter or cancel an event at anytime due to unforeseen circumstances. NOTIFICATION OF THE EVENT: a. The applicant(s) and/or sponsor(s) shall notify in writing the area impacted by the event (to be determined on a case-by-case basis by the Special Event Permit Committee), fifteen (15) days prior to the event, regarding street closings, traffic pattern changes, event activities, date(s), and location of the event. b. The Assistant to the Town Manager will issue a press release if there is a street closing or traffic alteration. c. The Department of Parks and Recreation will notify in writing the fire and rescue squads, VDOT and Sheriff's department of event. 13. POST a. EVENT EVALUATION: The Special Event Permit Committee shall conduct a post event evaluation, which may include a survey of the affected residents and businesses. A meeting shall be held with the applicant(s)/sponsor(s). C:Abby.speicalfee.