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HomeMy Public PortalAbout2008_07_08_r110 The Town of Leesburg, Virginia PRESENTED July 8. 2008 RESOLUTION NO. 2008-110 ADOPTED July 8. 2008 A RESOLUTION: APPROVING THE REVISED TOWN OF LEESBURG SPECIAL EVENTS POLICY WHEREAS, the Town Council recognizes the substantial community benefits that result from special events, which include cultural enrichment, economic vitality, and the enhancement of community identity and pride; and WHEREAS, the Town Council desires to provide a Special Events Policy that promotes reasonable guidelines for the consideration of special events applications; and WHEREAS, the Town Special Event Committee has reviewed and revised the original Special Event Policy of July 26,2005 and has completely revised this Policy, as is reflected by the attached "Special Event Policy" (Revised); and WHEREAS, the attached "Special Event Policy" (Revised) has been reviewed and endorsed by the Co-Acting Directors of Parks and Recreation and the Town Attorney. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows that the attached "Special Event Policy" (Revised) replaces and therefore supersedes the "Special Event Policy" of July 26, 2005 in regulating the consideration of special event applications for events within the Town of Leesburg or that impact the public streets, public property of the Town, and/or the Town's ability to preserve public health, safety and welfare. PASSED this 8th day of July 2008. ~~O~~ . n C. mstattd, Mayor The Town of Leesburg Department of Parks and Recreation SPECIAL EVENT PERMIT POLICY (REVISED) July 8, 2008 1. TITLE: This policy shall be known as the Special Event Policy. 2. PURPOSE: It is the purpose of this policy to provide for the issuance of special event permits to regulate events on the public streets and public property of the Town or events that impact either 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 an event, which requires pre- approval and advisement by appropriate Town of Leesburg staff, for a preplanned activity, sponsored by an individual, group, and/or organization proposed to be held in the Town of Leesburg, or in Loudoun County affecting the Town of Leesburg public property. Special events are any events which would significantly impact public property, normal vehicle and pedestrian traffic, and/or the safety of citizens and visitors, thus mandating the use of Town services for purpose of, entertainment, celebration, amusement, cultural recognition, amateur sports, demonstration of skill, competition, or similar activities. Specific activities requiring a Special Event Permit include but are not limited to: foot races, bike races, parades/marches, festivals, concert series, celebrations, tours, car shows, street dances, sidewalk sales, air shows, etc. 1 Town sponsored events are defined as events/programs that are solely coordinated by Town staff with Town funds, and of which all revenues generated from the event/program are returned to the Town of Leesburg's general revenue fund. Specific Town sponsored events include but are not limited to: Flower and Garden Festival, the 4th of July Celebration & Parade, Holidays in Leesburg, Memorial Day, Court and Market Days of Leesburg and 9/11 Observances. 5. SPECIAL EVENT PERMIT APPLICATION AND APPLICATION SUBMITTAL: a Applicant(s) requesting a Special Event Permit are required to submit a completed Application For Special Event Permit, along with a $50.00 non-refundable application fee payable to the Town of Leesburg provided by the Department of Parks and Recreation for review and processing at least 120 days prior to the date of the proposed event, to allow adequate review time, which is 45 working days. b. If applicant(s) fail to submit the Application for Special Event Permit within the time frame stated above in (5a), then the Town of Leesburg reserves the right to deny the Application for Special Event Permit. c. If applicant(s) are not in good standing with the Town in regards to outstanding fees, taxes or other obligations, including but not limited to parking tickets, personal or real property taxes, the Town reserves the right to deny the Application for Special Event Permit. d. The application shall provide relevant event information specified in the permit application, included but not limited to: alternatives for location, route, date, and time. e. As a condition of the Special Event Permit Application all applicant(s) are responsible for providing a specific and accurate representation of their event so that the Town may identify the required level of services including but not limited to: Police, Engineering and Public Works, and Parks and Recreation. f. As a condition of the Special Event Permit Application, 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 Special Event Committee reserves the right to recommend a higher amount depending on the proposed activity. The Certificate ofInsurance is required to ensure that the Town of Leesburg is not held responsible for any incidents of lawsuits that are indirectly or directly related to the Special Event. 6. FEES: a. Applicant(s) and/or sponsor(s), of any events requiring the use of public services and/or defined as a special event, held in the Town of Leesburg, or in Loudoun County, affecting the Town of Leesburg shall be required to pay accordingly for services as deemed necessary by the Town of Leesburg such as, Police Department, Department of Engineering and Public Works, Department of Parks and Recreation, Economic Development Department and any Town services requiring additional fees noted below in (b.). 2 b. The non-refundable application fee shall be submitted with the application and any additional fees shall be paid upon receipt of an invoice, the additional fees shall be paid 30 calendar days prior to the event. i. Non-Refundable Application Fee: $50.00 per application (a concert series or other planned recurring event are considered one event). 11. For current staff rates, please reference the attached chart. 111. Additional fees include, but are not limited to: electrical usage, water usage, park usage, and rental fees for equipment including but not limited to: vehicles, trailers, barricades, cones, stages, etc. IV. If the event requires additional Town services during its operation that are beyond the estimate from the Special Events Committee, the applicant will be invoiced for charges within 30 days of the event and payment will be required upon receipt of invoice. c. Event fees are refundable if the event is canceled, and written notice is received, 15 calendar days prior to the date of the event, by the Department of Parks and Recreation, Special Events Recreation Supervisor. 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 the event is cancelled due to inclement weather. d. If a permitted event is cancelled by the organizer and they are rescheduling, then a new application will be submitted 30 days prior to the new event date. e. If a permitted event needs to addend their application due to but not limited to expanded scope of the event, additional use of Town services, a written request will be submitted 30 days prior to the new event date. f. The Town of Leesburg reserves the right to alter or cancel an event at anytime due to unforeseen circumstances. If the event is altered or cancelled by the Town of Leesburg due to unforeseen circumstances, event fees are refundable, and the fees will be prorated in order to pay for services rendered prior to notification of cancellation. g. The Town Attorney will review fee waiver requests to determine if a proposed event meets the requirements per the Code of Virginia. 7. REVIEW PROCESS: a. The Department of Parks and Recreation, Special Events Recreation Supervisor, shall initially review the application to determine if all necessary information is provided. b. Following initial review, the Special Event Committee shall review the Special Event Permit Application(s). The Special Event Permit Committee is comprised of one representative from each of the following Town of Leesburg departments: public works, police, the Town Manager's office, parks and recreation, planning & zoning, and economic development. The Application(s) for a Special Event Permit shall be reviewed using evaluating factors, subject to change, and not limited to, the following criteria: i. The event complies with all Town, county, state, and federal laws, regulations, and ordinances. 3 11. The safety and security of the event is determined through police department regulated security/threat assessment and Fire Marshall regulations which include, but are not limited to, these factors: a. Adequate time, sixty (60) working days, to plan for required Town services such as, security, maintenance, street, sidewalk, and or/alleyway closings. b. Event location and route can accommodate the expected participants and vendors/exhibitors. c. The duration and nature of the event does not pose a security risk or threat to residents or visitors of the Town. d. The event does not conflict, impact, or directly compete for resources, previously approved and/or scheduled construction, maintenance, or other activities/events in the Town. e. The event location, route, and duration is safe for street, sidewalk, and/or alleyway closings, and maintains sidewalk clearance, appropriate flow oftraffic, pedestrian ingress/egress, vehicle access, and police, fire, and rescue access (See Section 8). f. The event complies when required to use an alternate date, time, route, and/or location. 111. The event provides an impact mitigation plan including the overall impact of the event on downtown businesses, residents, and visitors. IV. The event is not being held for the purpose of advertising any products, goods, etc. The event is not designed or 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. c. Following review by the Special Event Committee, a recommendation shall be presented to the Director of Parks and Recreation and the Town Manager for review. i. The permit application will then be approved, conditionally approved or denied. (See Sections 9, 10 and 11). a. The Department of Parks and Recreation shall provide the applicant with written notification about the status of the special event permit application and, if applicable, the required use and costs of Town services. The review process is 45 working days. b. Conditional approval is granted based upon the applicant(s) required acceptance of location, route, date, duration, and street, sidewalk, and/or alleyway closing alternatives. 8. STANDARDS FOR APPROVING A STREET, SIDEWALK, AND/OR ALLEYWAY CLOSING FOR A SPECIAL EVENT: a. Following application review by the Special Event Permit Committee, the Town Manager may grant approval to close a public street, sidewalk, and/or alleyway for a special event if the following conditions are met: i. The proposed street, sidewalk, and/or alleyway closings, maintains sidewalk clearance of three and a half feet for public right of way. 4 11. The proposed street, sidewalk, and/or alleyway closing will not unreasonably interfere with normal use of the general public by hindering appropriate flow of traffic, pedestrian ingress/egress, and police, fire, and rescue access. 111. The proposed street, sidewalk, and/or alleyway closing does not present a safety risk, health risk, or environmental hazard. IV. The proposed street, sidewalk, and/or alleyway closing is compatible with the surrounding area or neighborhood, in consideration of anticipated noise, traffic, crowd capacity, and other identifiable factors. v. Town resources necessary to support the street, sidewalk, and/or alleyway closing are reasonably available. VI. The proposed street, sidewalk, and/or alleyway closing is not held primarily for private profit. b. The Town Manager may conditionally approve a street, sidewalk, and/or alleyway closing, subject to the applicant's required acceptance of such conditions related to the date, time duration, route or location of the event, and any other alternatives or restrictions that are reasonably necessary to protect health, safety, welfare, peace and order. 9. PEDDLERS a. No peddler shall conduct business within the confines of a permitted special event or within a Town park. The confines of an event are defined as any closed street, the sidewalks within closed streets; and public buildings or grounds being used by the event or that are within the perimeter of the closed streets. Peddlers shall remain at least 300 feet from the confines of a permitted special event or Town park. 9. RAIN DATE GUIDELINES: a. The Town of Leesburg will honor rain date requests, within the following guidelines: i. A rain date must be requested on the Special Event Application. If a rain date is not requested, one will not be established. 11. All rain date requests will be considered, but dates are not guaranteed. lll. Rain dates cannot conflict with existing events. IV. Saturday events that request a rain date, which are held within Downtown or other areas of Leesburg, will be assigned the following Saturday for a potential rain date, provided an existing event is not already scheduled. v. If an existing event is already scheduled, an alternate date or location will be discussed and agreed upon by the event representative and the Town of Leesburg Special Event Committee. VI. Any existing annual event takes precedent over new events. Alternate locations or joint venues will be considered. V11. Any event, held within a Town of Leesburg park, will be required to pay all park rental fees associated with holding a potential rain date. No refunds will be. given if rain date is not used. b. The Town of Leesburg will use the following guidelines as a cancellation policy: 5 1. Weather cancellations may be made by the event representative 24 hours prior to the start of the event without a penalty fee. n. Weather cancellations received less then 24 hours before the start of an event will be charged all fees associated for services deployed. 111. At any point within 24 hours of an event, Leesburg Police can cancel the event should they deem conditions threaten public safety. All severe weather alert guidelines will be applied. Should this occur, no fees will be charged and an alternative date will be arranged, if possible. 10. SPECIAL EVENT PERMIT APPROVAL: a. Once the Special Event Permit Application is reviewed by the Special Event Committee, the Director of Parks and Recreation, and the Town Manager, and all evaluating criteria, factors, and standards are met a Special Event Permit is issued. i. A Special Event Permit Application is conditionally approved, once the applicant accepts the required location, route, date, duration, and/or street, sidewalk! and or alleyway alternatives. b. As a condition of the Special Event Permit, the applicant will abide by all requirements outlined in the permit cover letter. Failure to abide by requirements will void the approval or conditional approval of the permit immediately. c. As a condition of the Special Event Permit, all applicants are responsible for the payment of all necessary fees and obtaining permits relating to food and beverage service, signage, tent erection, fire codes, business licenses, the collection of local and state taxes, and the payment of any delinquent fines or fees owed to the Town. d. As a condition of the Special Event Permit, the applicant(s) and/or sponsor(s) shall notify in writing the area impacted by the event, to be determined and approved 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. i. The Assistant to the Town Manager and/or the Recreation Programs Manager will issue a press release if there is a street closing or traffic alteration. n. The Department of Parks and Recreation will notify in writing the fire and rescue squads, VDOT and Sheriff s department of the event. e. As a condition of the Special Event Permit, the Special Event Permit Committee shall conduct a post event evaluation, which may include a survey of the affected residents and businesses. The Special Event Permit applicant(s)/sponsor(s) will call the Department of Parks and Recreation to schedule the meeting within five (5) days of the event closing and the meeting will be held within 30 days of the event. 11. SPECIAL EVENT PERMIT DENIAL: a. Once the Special Event Permit Application is reviewed by the Special Event Committee, the Director of Parks and Recreation, and the Town Manager, and all 6 evaluating criteria, factors, and standards are not met a Special Event Permit is denied. b. Special Event Permits can be denied for failure to meet any review process criteria. The most common reasons for permit denial include but are not limited to: failure to meet adequate review time requirements; there is a public safety threat or risk; attendance levels are greater than capacity for the area requested; the required public right of way is not provided; appropriate flow of traffic is not possible; event is not in compliance with all Town, County, State, and Federal laws; there are various impacting/conflicting major events; and/or a possible location, route, date, and/or duration required alternative is not accepted by the applicant/event organizer. c. As a condition of the Special Event Permit denial, standard written notification of the application status will include a specific worksheet documenting reasons for the permit denial within 45 working days of the submission of an application. d. If a Special Event is held without a Special Event Permit, and/or is held without notifying the Town, the event will be responsible for all appropriate fees incurred by the Town of Leesburg, and use of its services, in addition to any fines for unlawful assembly. 7