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Ordinance No. 955 Page 1 of 15 ORDINANCE NO. 955 AN ORDINANCE CREATING CHAPTER 18 OF TITLE 5 OF THE DOUGLAS MUNICIPAL CODE TO CREATE A PROCESS FOR THE ISSUANCE OF PERMITS FOR SPECIAL EVENTS OCCURING WITHIN THE CITY OF DOUGLAS, WYOMING. Whereas, the City of Douglas, Wyoming (City) wants to ensure that special events and related activities that occur within the City do not create any undue risk to the health, safety and welfare of patrons attending a special event or to the residents of the City. Whereas, there must be a balance between the legitimate interests of the City and the effect of the regulations on the rights of those who are regulated. Whereas, City finds that the regulation of these interests is best suited through a permit process and the intent of this Chapter is to provide a process for the issuance of a permit for special events occurring within City involving the use of public property, a parking lot of a business open to unrestricted use by the public, consumption of alcohol, or overnight camping. Whereas, through the procedures, rules and regulations set forth in this Chapter for a special event permit, a malt beverage, catering, or open container permit for a special event, a temporary recreational camp permit for a special event, and a public park facility permit, the City is able to ascertain the necessary safeguards that need to be provided for a special event to occur within the City while protecting the rights of the applicants. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DOUGLAS, WYOMING: Section 1. Chapter 18 of Title 5 of the Douglas Municipal Code is hereby created and shall be entitled Special Events. Under the new Chapter 18 of the Douglas Municipal Code, Sections 5.18.010, 5.18.020, 5.18.030, 5.18.040, 5.18.050, 5.18.060, 5.18.070, 5.18.080, 5.18.090, 5.18.100, 5.18.110, 5.18.120, 5.18.130, 5.18.140, 5.18.150, 5.18.160 and 5.18.170 are hereby created. Section 2. Section 5.18.010 of the Douglas Municipal Code is hereby created to read as follows: 5.18.010 Purpose. The purpose of this chapter is to provide a process for the issuance of a special event permit from the city in order to regulate special events occurring in or upon a City street, alley, public park, public building, sidewalk or parking lot open to unrestricted use by the public within the city; the issuance of a catering, malt beverage, or open container permit for a special event; the issuance of a public park shelter permit; and the issuance of a temporary recreational camp permit for a special event, in the interest of public health, safety and welfare and to create penalty provisions for enforcement. Section 3. Section 5.18.020 of the Douglas Municipal Code is hereby created to read as follows: 5.18.020 Findings and intent. A. This chapter is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. B. It is expressly the purpose of this chapter and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter or any procedures adopted hereunder. ---PAGE BREAK--- Ordinance No. 955 Page 2 of 15 C. It is the specific intent of this chapter and any procedures adopted hereunder to place the obligation of complying with the requirements of this chapter upon the permittee, and no provision is intended to impose any duty upon the city, or any of its officers, employees or agents. Nothing contained in this chapter or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from the failure of permittee to comply with the provisions of this Chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter or any procedures adopted hereunder by the city, its officers, employees or agents. Section 4. Section 5.18.030 of the Douglas Municipal Code is hereby created to read as follows: 5.18.030 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Alcoholic beverage" means alcoholic liquor or malt beverage as defined in Wyo. Stat. Section 12-1-101(a)(i), (vii) and B. "Applicant" means any person or organization seeking a permit from the city to conduct or sponsor a special event within the city or who seeks to obtain a catering, malt beverage, or open container permit for a special event, or a temporary recreational camp permit for a special event, as governed by this chapter. An applicant must be twenty-one years of age or older. C. "Catering permit for special events" means a permit as required by this chapter for the sale of alcoholic beverages at a special event and as defined in Wyo. Stat. Section 12-4-502(b). D. "Malt beverage permit for special events" means a permit as required by this chapter for the sale of malt beverage at a special event and as defined in Wyo. Stat. Section 12-4-502(a). E. "Open container permit" means a permit as required by this chapter for the consumption of alcoholic beverages at a special event occurring in or upon a city street, alley, sidewalk, public building, public park or parking lot open to unrestricted use by the public. F. “Parking lot open to unrestricted use by the public” means a parking lot for a business on private property where the owner of the private property or business invites or allows the public access to the special event. G. "Permittee" means any person or organization to whom or which has been issued by the city a special event permit, a catering, malt beverage, or open container permit for a special event, or a temporary recreational camp permit for a special event. H. "Person" means any individual, organization, firm, trust, partnership, public or private association or corporation. I. "Public building" is property owned by the city for public purpose. ---PAGE BREAK--- Ordinance No. 955 Page 3 of 15 J. "Public parks" are those areas designated and owned by the city for public purpose. K. “Public Park Shelter Permit” means a permit required by this chapter for the rental of a shelter at a city public park. L. “Residents of Property,” for this Chapter only means all occupants collectively at any street address facing a closure area for a special event occurring in or upon a city street, alley, sidewalk, public building, public park closure or a parking lot open to unrestricted use by the public. Each street address facing a closure area for a special event occurring in or upon a city street, alley, sidewalk, public building, public park, or a parking lot open to unrestricted use by the public is entitled to one objection. M. "Self-contained” refers to a recreational trailer which can operate independent of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewerage holding tanks located within the recreational trailers.. N. “Service building” means a structure housing toilet, lavatory and such other facilities as may be required by this Chapter. O. “Sidewalk” has the same meaning as defined in Section 10.16.015(a)(xlii) of this Code P. "Special event" means a preplanned and temporary single gathering, event or series of related consecutive daily gatherings or events within the city of an entertainment, cultural, recreational, educational, political, religious or sporting nature, or of any other nature including, but not limited to, any parade, march, protest, demonstration, ceremony, street fair, art and craft show, carnival, block party, soap box derby, farmer's market or jubilee day, athletic event, show, exhibition, pageant or procession of any kind, or any similar display in the city. Q. "Special event permit" means a permit as required by this chapter for a special event occurring in or upon a City street, alley, sidewalk, public building, public park, or a parking lot open to unrestricted use by the public. R. “Street” has the same meaning as defined in Section 10.16.015(a)(xlvii) of this code and includes alleys. S. “Temporary Recreational Camp Permit” means a permit required by this chapter for overnight camping at a special event occurring in or upon a City street, alley, sidewalk, public building, public park, or a parking lot open to unrestricted use by the public. T. "Recreational Trailer" means any of the following: 1. “Travel Trailer" means a vehicular, portable self-contained structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses; 2. "Pick-up coach" means a self-contained structure designed to be mounted on a truck for use as a temporary dwelling for travel, recreation and vacation; ---PAGE BREAK--- Ordinance No. 955 Page 4 of 15 3. "Motor home" or “Recreational Vehicle” means a portable, self-contained temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle; 4. "Camping Trailer" means a self-contained, portable, folding or collapsible dwelling structure, mounted on wheels and designed for travel, recreation and vacation use; or 5. Any other recreational trailer utilized as a dwelling. Section 5. Section 5.18.040 of the Douglas Municipal code is hereby created to read as follows: 5.18.040 Public park shelter permit – when required and application. A. A person seeking to reserve a shelter at a city public park, shall file an application for a park shelter permit with the public works director or designee on a form provided by the city. B. The application shall contain the following information: 1. The name and address of the applicant; 2. The name and address of the person, persons, corporation or association sponsoring the activity, if any; 3. The day and hours for which the permit is desired; 4. The park or portion thereof for which such permit is desired; 5. An estimate of the anticipated number of persons attending; 6. Whether or not the applicant wishes to consume alcoholic beverages or dispense alcoholic beverages during the time specified in the permit application and in the area specified in such application and if so, proof of application and issuance of a catering, malt or open container permit by city clerk under chapter 5.16 of the Code; 7. Any other information which the city finds reasonably necessary to a fair determination as to whether a public park shelter permit should be issued under this Chapter. C. An application for a public park shelter permit shall be filed with the city public works director or designee based upon availability as public park shelters are reserved on a first come-first serve basis. D. The person or persons who uses a shelter in a public park shall be liable for any loss, or damage to the shelter or the public park or any injury sustained by any person in attendance whatever the reason of the negligence by the person or persons to whom such permit has been issued. E. The city shall collect a damage deposit in the amount of one hundred dollars ($100.00) when the applicant is issued a public park shelter permit if the ---PAGE BREAK--- Ordinance No. 955 Page 5 of 15 applicant is also requesting a catering, malt beverage, or open container permit. After the event has concluded, the Director of the City public works department or designate shall cause an inspection to be made of the area used, and shall determine the extent of any damage to park property, or litter, which has occurred as a result of such use and shall thereafter and forthwith assess and retain that portion of the deposit necessary to restore the damaged property and return the balance of the deposit to the person from whom it was acquired. Nothing in this section contained shall relieve the permittee of public park shelter permit from the liability imposed by Paragraph D herein and any amounts withheld by the Director of the City public works or designee pursuant to this section shall be held as an offset against the total liability of the permittee holding the public park shelter permit. Section 6. Section 5.18.050 of the Douglas Municipal Code is hereby created to read as follows: 5.18.050 Special event permit--When required. A. No person shall engage in, participate in, aid, form or start any special event in or upon a City street, alley, sidewalk, public building, public park, or parking lot open to unrestricted use by the public or overnight camping at a special event, unless a special event permit has been obtained from the city. B. This chapter shall not apply to: 1. Funeral processions; 2. Regularly scheduled school events, such as athletic events and parades, which use existing parking, traffic controls and public safety support; and 3. A governmental agency acting within the scope of its functions. Section 7. Section 5.18.060 of the Douglas Municipal Code is hereby created to read as follows: 5.18.060 Special Event Permit--Application procedure--Filing period. A. A person seeking to hold a special event in or upon a city street, alley, sidewalk, public building, public park or a parking lot open to unrestricted use by the public, shall file an application for a special event permit with the city clerk or designee on a form provided by the city. B. A person seeking to sell alcoholic beverages at a special event occurring in or upon a city street, alley, sidewalk, public building, public park or a parking lot open to unrestricted use by the public, shall file an application for a malt beverage or catering permit with the city clerk or designee on a form provided by the city. The application for a malt beverage or catering permit is a separate application from the application for a special event permit. A person seeking to sell alcoholic beverages at a special event on private property shall comply with chapter 5.16 of the Code. C. A person seeking to consume alcoholic beverages at a special event occurring in or upon a city street, alley, sidewalk, public building, public park, or on any parking lot open to unrestricted use by the public, shall file an application for an open container permit with the city clerk or designee on a form provided by the city. The application for an open container permit is a separate application from the application for a special event permit. ---PAGE BREAK--- Ordinance No. 955 Page 6 of 15 D. A person desiring to provide a temporary recreational camp for accommodating recreational trailers at a special event occurring in or upon a city street, alley, sidewalk, public building, public park, or on any parking lot open to unrestricted use by the public, shall file an application for a temporary recreational camp permit for a special event with the city clerk or designee on a form provided by the city. The application for a temporary recreational camp permit is a separate application from the application for a special event permit. E. An application for a special event permit, a catering, malt beverage, or open container permit for a special event, or a temporary recreational camp permit for a special event, shall be filed with the city clerk not less than fourteen (14) days before the date on which special event is to be held. F. The application for a special event permit occurring in or upon a City street, alley, sidewalk, public building, public park, or a parking lot open to unrestricted use by the public, shall set forth the following information: 1. The name, address and telephone number of the person seeking to conduct such special event and an alternate contact person; 2. If the special event is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and/or of the authorized and responsible heads of such organization; 3. If the special event is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with city a communication in writing from the person proposing to hold the special event authorizing the applicant to apply for the permit on his or her behalf; 4. The name, address and telephone number of the person who will be present and in charge of the special event on the day(s) of the event; 5. The date and time (starting and ending) when the special event is to be conducted; 6. The nature/purpose of the special event; 7. Location of the event, including its boundaries; 8. Estimated number of participants in the event; 9. Estimated number of spectators and vehicles expected; 10. The type and estimated number of vehicles, animals and/or structures which will be used at the special event; 11. Description of any equipment which will be used at the special event including, but not limited to, sound-amplifying systems, use of tents or canopies, or power washers for cleaning of surfaces before, after or during the event; 12. Whether any vendors will be at the special event and if so, the type of items to be sold, including but not limited to open burning or open flame cooking; ---PAGE BREAK--- Ordinance No. 955 Page 7 of 15 13. Whether monitors and/or security guards will be employed at the special event; 14. Parking requirements for the special event; 15. Provisions for clean-up during and after the special event, including but not limited to removal of trash, private trash receptacles, dumping of waste water and gray water from recreational trailers, temporary fencing, and/or barriers/blockades; 16. Requirements as stated in sections 5.18.070, 5.18.080 and 5.18.090 in this chapter pertaining to temporary recreational camp permit for a special event; 17. Requirements as stated in chapter 5.16 of this Code pertaining to catering, malt beverage or open container permits; 18. Any medical aid stations; 19. Potential for pollutants that could affect the City’s storm water system; 20. Additional information required for parades, races and other events occurring along a route: i. The route to be traveled or closed, the starting point and the termination point; ii. The assembly point for the event, the time at which units of the parade or other event will begin to assemble; iii. Whether the parade or other event will occupy all or only a portion of the streets proposed to be traversed; iv. Maximum length or components of parade in miles or portions thereof; v. The number, type, size and material of any floats or banners; vi. Any other special circumstances that should be disclosed to the city that could affect the health, safety, and welfare of residents of the city. 21. If the special event is anticipated to close city streets or alleys for a period of time in excess of four hours in a month or the closure of a city sidewalk, public park, public building or a parking lot open to unrestricted use by the public more than eight hours in a day or more than one day in a single seven- day period, the applicant for the special event permit shall give notice to the residents of property along the affected city street(s), alley(s), sidewalk(s), public park(s), public building(s) or parking lot(s) open to unrestricted use by the public. Such notice may be in person, by ordinary U.S. mail or by publication for at least one week in the local newspaper prior to the submission of the application. The notification shall advise the resident of the nature and time of the special event and the proposed closure of city street, alley, sidewalk, public park, public building, or parking lot open to unrestricted use by the public and the resident's right to object in writing to the city administrator. Should twenty percent of the residents of properties along the affected city street(s), alley(s), sidewalk(s), public park, public building(s), ---PAGE BREAK--- Ordinance No. 955 Page 8 of 15 or parking lot(s) open to unrestricted use by the public object to the closure for the special event, the city council shall review the objection prior to the requested date for the special event either at the next scheduled meeting of city council or at a special meeting in order to review the objection. The city council's decision shall be final and not subject to further appeal. 22. If any participant in the special event within the city intends to sell or provide in any fashion alcoholic beverages, the participant must make a request under this chapter herein for a catering, malt beverage, or open container permit for a special event and comply with all requirements of the special event permit and the requirements of the catering, malt beverage, or open container permit for a special event. 23. The following additional restrictions shall be required of applicants for a catering, malt beverage, or an open container permit for a special event occurring in or upon a city street, alley, sidewalk, public building, public park, or on any parking lot open to unrestricted use by the public: i. If an application is made for a malt beverage or catering permit for a special event, a physical description of the designated area for dispensing and the sale for consumption of the alcoholic beverage will be required; ii. If an application is made for an open container permit, a physical description of the designated area for consumption of the alcoholic beverage will be required; iii. If an application is made for malt beverage or catering permit for special events, the permittee or persons who will be in control of the intoxicating liquor and all persons who will be selling, serving or managing the sale of the intoxicating liquor at the special event shall complete a Wyoming State Liquor Division approved server training class prior to the issuance of the malt beverage or catering permit for a special event, unless proof of such training is provided at the time of application; iv. The permittee shall provide adequate security, to be determined on a case-by-case basis by the city, to assure that the purchase and/or consumption of alcohol is contained within the specially designated area and is limited to patrons of legal drinking age; v. If an application is made for malt beverage or catering permit for a special event, no person under the legal drinking age shall be permitted to enter the designated dispensing area; vi. The designated area for dispensing and/or consumption shall be posted with signage, and fenced or somehow otherwise clearly defined as a separate area, and shall be illuminated so as to provide adequate light for the supervision of the designated dispensing and consumption area; vii. All requirements and restrictions of a malt beverage and catering permit of chapter 5.16 of the city code and State statute shall apply. ---PAGE BREAK--- Ordinance No. 955 Page 9 of 15 24. The city may require any additional information reasonably necessary to a fair determination as to whether a special event permit, catering, malt beverage or open container permit for a special event or a temporary recreational camp permit should be issued. G. The city, where good cause is shown therefore, shall have the authority to consider any application hereunder which is filed less than fourteen (14) days before the date such special event permit occurring in or upon a city street, alley, sidewalk, public building, public park, or a parking lot open to unrestricted use by the public, is proposed to be conducted. H. There shall be no fee for the issuance of a special event permit. Every person applying for a catering, malt beverage, or open container permit for a special event under the provisions of this chapter shall pay in advance of the special event the sum as stated in Chapter 5.16 of city Code. Section 8. Section 5.18.070 of the Douglas Municipal Code is hereby created to read as follows: 5.18.070 Temporary Recreational Camp Permit for a special event – When Required. It is unlawful for any person to allow one or more self-contained recreational trailers as defined in Section 5.18.030 which are serving as temporary dwelling on public or privately owned property within the city limits unless said person holds a valid special event permit issued by the city clerk and a temporary recreational camp permit for a special event or is authorized by city under chapter 12.16 of the city Code as a campground facility, or a mobile home, travel trailer and/or RV park under chapters 17.20, 17.24, 17.28 and 17.32 of the City Code. All applications for a temporary recreational camp permit for a special event shall be made to the city clerk, who shall issue a license upon compliance by the applicant with provisions and regulations issued under this chapter and of other applicable legal requirements. Section 9. Section 5.18.080 of the Douglas Municipal Code is hereby created to read as follows: 5.18.080 Temporary Recreational Unit Permit for a special event- Time Period A temporary recreational camp permit may only be issued for an area of property, whether publicly or privately owned, to be occupied for a time period of more than one day but less than thirty (30) days by one or more self-contained recreational trailers as defined in Section 5.18.030 which are serving as temporary housing for participants and/or the personnel necessary for the operation and maintenance of any special event activity as defined in Section 5.18.030 in this chapter. Section 10. Section 5.18.090 of the Douglas Municipal Code is hereby created to read as follows: 5.18.090 Temporary Recreational Camp Permit for Special Event- Application A permit for a temporary recreational camp for a special event shall only be permitted in accordance with the terms and conditions of this chapter where such uses are classified as a special use for a special event. A permit shall not be required for temporary recreational camps on lands belonging to the United States of America. All applications for a temporary recreational camp permit for a special event shall be made to the city clerk or designee and shall contain the following: A. Copy of landowner's written authorization for the location and materialization of the camp; ---PAGE BREAK--- Ordinance No. 955 Page 10 of 15 B. Number of self-contained recreational trailers and duration of use of this camp; C. Site plan drawn to scale; D. Purpose of the camp; E. Legal description of the temporary recreational camp and location map showing access; F. Reclamation plans and timetable for completion of all phases of re-vegetation, if required; G. Provisions for disposal of solid waste and sewage. Section 11. Section 5.18.100 of the Douglas Municipal Code is hereby created to read as follows: 5.18.100 Permits - Notice to city and other officials. Prior to the issuance of a special event permit, a catering, malt beverage, or open container permit for a special event or a temporary recreational camp permit for a special event, the city shall send a copy thereof to the following and receive approval by: A. City Administrator; B. Police Chief; C. Public Works Director; D. Administrative Services Director; E. Community Development Director; F. Fire Chief; G. City Clerk. Section 12. Section 5.18.110 of the Douglas Municipal Code is hereby created to read as follows: 5.18.110 Permits--Conditions of issuance--Grounds for denial of application. A. The city shall not issue a permit for a special event occurring in or upon City street, alley, sidewalk, public building, public park or on any parking lot open to unrestricted use by the public, a catering, malt beverage, or open container permit for a special event or a temporary recreational camp permit for a special event as provided for in this chapter unless he or she finds, from a consideration of the application and/or from such other information and recommendations and/or conditions obtained from the city police department, city fire department and/or city public works, that: 1. The conduct of the special event permit will substantially interrupt the safe and orderly movement of other traffic contiguous to its route; 2. The conduct of the special event will require the diversion of so great a number of police officers of the city to properly police the line of ---PAGE BREAK--- Ordinance No. 955 Page 11 of 15 movement and the areas contiguous thereto as to prevent normal police protection to the city; 3. The conduct of such special event will require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of movement and the areas contiguous thereto; 4. The concentration of persons, animals and vehicles at assembly points of the special event in or upon a street, alley, sidewalk, public building, public park or on any parking lot open to unrestricted use by the public will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; 5. The conduct of such special event will interfere with the movement of firefighting equipment en route to a fire; 6. The size, nature or location of the special event is reasonably likely to cause a clear and present danger of injury to persons and property and/or would disrupt public peace; 7. Information contained in the application for a special events permit, a catering, malt beverage, or open container permit for a special event, or a temporary recreational camp permit for a special information or supplemental information requested from the applicant, is found to be false in a material detail. 8. The applicant fails to complete the application form after having been notified of the additional information or documents required; 9. Another special event permit, a catering, malt beverage, or open container permit for a special event permit, or a temporary recreational camp permit application has been received prior in time or has already been approved for the same time and place requested by the applicant or so close in time and place to that requested by the applicant that the issuance of both permits would cause undue traffic congestion or cause the city police or fire departments to be unable to meet the needs for police or fire services for both events; 10. The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon city streets; or 11. The special event will violate a city Code or State statute. B. When the grounds for denial of an application for a special event permit, a catering, malt beverage, open container for a special event, or a temporary recreation unit permit for a special event within the city per subsection A of this section, may be corrected by altering the date, time, duration, and/or the route or location of the event from that named by the applicant, the city shall, instead of denying the application, conditionally approve upon the applicant's acceptance of conditions for the special event permit, the catering, malt beverage, open container for a special event, or a temporary recreational camp permit for a special event. The conditions imposed shall provide for only such modification of ---PAGE BREAK--- Ordinance No. 955 Page 12 of 15 the applicant's proposed special event as are necessary to achieve compliance with subsection A of this section. The applicant desiring to accept an alternate special event permit, a catering, malt beverage, open container for a special event, or a temporary recreational camp permit for a special event shall, within three days after receiving notice of the action of the city, file a written notice of acceptance with the city. Said alternate special event permit, catering, malt beverage, or open container permit for a special event, or a temporary recreational camp permit for a special event shall conform to the requirements of, and shall have the effect of, that particular type of permit under this chapter. C. The city may condition the issuance of a special event permit, a catering, malt beverage, or open container permit, or a temporary recreational camp permit for a special event by imposing reasonable requirements concerning the time, place and route of the event and such requirements as are necessary to protect the safety of persons and property and the control of traffic. Such conditions include, but are not limited to, the following: 1. Alteration of the date, time, route or location of the event; 2. Requirements concerning the area of assembly and disbanding of parades or other events occurring along a route; 3. Requirements concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street; 4. Requirements for the use of traffic cones, barricades or other traffic- control devices to be provided, placed and removed by the permittee at his or her expense; 5. Requirements for provision of first aid and/or sanitary facilities, 6. Requirements for arrangement of supplemental fire protection personnel to be present at the special event at the permittee’s expense; 7. Requirements for use of special event monitors and providing notice of special event conditions to event participants; 8. Restrictions on the number and type of vehicles, recreational trailers, animals or structures at the special event and inspection and approval of floats, structures and decorated vehicles for fire safety by the city fire department; 9. Provision for solid waste collection and disposal, cleanup, restoration, water, and sewage; 10. Restrictions on use of amplified sound; 11. A requirement that notice to be given to the residents of property along the affected street(s), alley(s), sidewalk(s), park(s), public building(s), and/or a parking lot open to unrestricted use by the public ; 12. A requirement that any applicant and authorized officer of the sponsoring organization, if any, who will be selling liquor or holding a fundraising event in which liquor is provided, possess or obtain public liability ---PAGE BREAK--- Ordinance No. 955 Page 13 of 15 insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. If insurance coverage is required as a condition of issuance of a special event permit, the city shall determine the amount of insurance required, based upon the considerations routinely taken into account by the city in evaluating loss exposures, including, but not limited to, whether the special event poses a substantial risk of damage or injury due to the anticipated number of participants, the nature of the special event and activities involved and the physical characteristics of the proposed site. Such insurance shall name on the policy or by endorsement as additionally insured, the city, its officers, employees and agents. A certificate of insurance coverage must be filed with the city no less than five days before the date of the special event unless the city changes the filing deadline, in which event such documents shall be provided prior to the event; 13. A requirement that the applicant and authorized officer of the sponsoring organization, if any, sign an agreement for the permittee to reimburse the city for any costs incurred by it in repairing damage to city property occurring in connection with the permitted special event proximately caused by the actions of the permittee, his or her officers, employees or agents, or any person who was under the permittee’s control. Any such agreement may also provide that the permittee shall defend the city against, and indemnify and hold harmless, the city, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city's sole negligence; 14. Compliance with any relevant law and obtaining any legally required permit or license, including, without limitation, alcohol permits or vendor licenses. Section 13. Section 5.18.120 of the Douglas Municipal Code is hereby created to read as follows: 5.18.120 Permit --Appeal procedure. The city shall act upon the application for a special event permit, a catering permit, malt beverage, or open container for a special event, or a temporary recreational camp permit for a special event within five days after the filing thereof. If the city disapproves the application for failure to meet the conditions as outlined in this chapter, the city shall state the reason for the denial or stipulate additional conditions. The applicant shall have the right to appeal to city council the denial of the special event permit or a condition of the special event permit or catering, malt beverage, or open container for a special event, or a temporary recreational camp permit for a special event. A notice of appeal shall be filed with the city setting forth the grounds for the appeal within three business days after receipt or personal delivery of a notice of denial or permit condition. The city council shall review the appeal prior to the requested date for the special event either at the next scheduled meeting of city council or at a special meeting, subject to the provisions of chapter 2.04.100 of the city Code, to review the appeal. The city council's decision shall be final and not subject to further appeal. Section 14. Section5.18.130 of the Douglas Municipal Code is hereby created to read as follows: 5.18.130 Duties of permittee. A. A permittee under this chapter shall comply with all terms, directions and conditions of the special event permit, a catering, malt beverage, or open ---PAGE BREAK--- Ordinance No. 955 Page 14 of 15 container permit for a special event, or a temporary recreational camp permit for a special event and with all applicable laws and ordinances. B. The permittee shall ensure that the person in charge of the special event is familiar with all the provisions of the permit and carries the special event permit, the catering, malt beverage, or open container permit for the special event, or the temporary recreational camp permit for a special event upon his or her person during the duration of the special event. Section 15. Section 5.18.140 of the Douglas Municipal Code is hereby created to read as follows: 5.18.140 Permit--Revocation conditions. The city shall have the authority at any time to revoke or terminate a special event permit, a catering, malt beverage, or open container permit for a special event, or a temporary recreational camp permit for a special event issued under this chapter upon violation of the standards for issuance as set forth in this chapter and/or conditions placed on the issuance of the special event permit, the catering, malt beverage, or open container permit, or the temporary recreational camp permit for a special event, or if the continuation of the special event presents a clear and present danger to the participants or the public. Section 16 Section 5.18.150 of the Douglas Municipal Code is hereby created to read as follows: 5.18.150 Parking restrictions on special event--Signs. The city shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or an alley, or any part thereof constituting a part of the special event. The city shall have signs posted to such effect, and it is unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter. Section 17. Section 5.18.160 of the Douglas Municipal Code is hereby created to read as follows: 5.18.160 Repealer. All ordinances or part of ordinances in conflict herewith are hereby repealed. Section 18. Section 5.18.170 of the Douglas Municipal Code is hereby created to read as follows: 5.18.170 Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance or application thereof to any person or circumstances is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions of the ordinance. Section 19. Douglas Municipal Code Sections 1.04.050, 1.04.060 and 2.08.060, by reference, are incorporated herein and made a part hereof. Passed and Approved on First Reading This 28th day of July, 20i4. Passed and Approved on Second Reading This 11th day of August, 2014. Passed, Approved, and Adopted on Third and Final Reading This day of 20__. ---PAGE BREAK--- Ordinance No. 955 Page 15 of 15 Bruce A. Jones, Mayor Attest: Karen Rimmer, City Clerk Published: ATTESTATION I, Karen Rimmer, the Clerk of the City of Douglas, Wyoming, do hereby attest and state that the above ordinance was published/posted in the manner required by law and that all procedures required by Wyoming State law were complied with. Karen Rimmer, City Clerk