Ordinance No. 2019. AN ORDINANCE FORMALIZING APPLICATION, [REVIEW AND APPROVAL OF SPECIAL EVENTS WHEREAS, the Oven County Board of Commissioners recognizes that special events suchas festivals on public property enhance the quality of lf for vesidats and visitors alike and provide benefits ‘othe cizens through the creation of unique venues for expression and enterainment an, WITEREAS, the Oven County Dood of Commissiancts deca it cuensy Ly cialis structured proces for permiting the use of publi icles and the staging of special events forthe use of| ‘County sets, faites or services or the conduction of evens that ezeupy, impact, or consume public resources, or result inthe congregation of people; and, WHEREAS, the Owen County Board of Commissioners deems that the establishment of ssnoctured process wil allow forthe proper planing of county services such as security, sanitation, und ‘elle contol that ate required fr uch an event and, WHEREAS, the Oven County Board of Commissioners acknowledge tata coordinated process {or elation is necessary inorder o protect the pubic health, safety, and welfae of Owen County, and to protect the patrons, participants, and attendees of special events and 10 peotost the rights ed interests ‘which are granted to special event permit holders NOW THEREFORE BE IT ORDAINED, by the Oven County Board of Commissioners the fallowing: SUCTION ONE, Purpose. ‘To formalize and standardize the application, review, and approval procedures for Special Events ‘o beheld in Owen County, Indiana and to creat a fair and reasonable cost eeovery program. SECTION TWO. Definitions. 1, “Applicant” shall mea the person, group organization, or entity that applies fora Special Event Permit the permitee whose name shall appear onthe peat issued pursuant to this COxdinanee, and the responsible party for ll Special Event activity approved by the issuance ot the pee “Application Pee" isthe non-refundable amount charged by Owen County to help cover past ofthe edministrative cost of processing the permit application through the County intra roviow proces. Iti eeperat rom any oer shargesor casts which my be required by tis Ordinance © *Cost Recovery” means administrative and deparmental costs that include fixed cost, det «costs, and indtet costs projected to be incurred by the County in conjunetion with an event being held. 44. “Cost Recovery Program’ means a fir and reasonable process developed to capure some or all ofthe administvatve and departmental costs incurred by the County in conjunction wit special event‘© “Special Event shall mean any onganized gathering of peope for any purpose fora timited period of ie which is sponsored by for-profit or non-profit individual, goup, ‘organization, or entity and at which ny one of te following shall apply: 1. The expenditure of County resources is contemplated as deemed necessary bythe ‘County personel co maintain public heats, safety and wel; 2. The event requires the use of any County faiity or propety, 3. The event is expected to have visual, nose or other environmental impact upon the immediate vieiity o surrounding tee ofthe event. SECTION THREE, Permit Ruived, ‘4 It shall be unl for any person or entity to organize a Special Event within Owen County unless the Special Event hes been permitted pursuant to this Ordinance The permiting a Special Bvent shal not relieve aay person or ety of any ater ‘obligation impose by the Ordinances and Regulations of Owen County or other applicable haw. {The Board of Commissioners of Owen County is auorized to issue permits for special events proposed to occur on public property pursuant tothe procedures established in this ‘Ordinance, The Board of Commissioner is authorized to determine the special evens venue, ‘o establish reasonable boundaries, to determine public healt, safety and welfare conditions, and to authorize the coordination ofthe issuance of a special event permit with ater pblic ‘agencies or deparrments including law enforcement, fre depstmen, health depactment, EMS and oter ents. Fach soc entity sal review the application and submit advisory recommendations tothe Board of Commissioners SECTION FOUR. Denial of Permit or Issuance of Perit with Conditions. |& The Board of Commissioners decision fo deny especial events permit shall be in writing with easons stated foe denial and shall be communicated promptly tothe applica, either in person, by overnight delivery through seatir that provides roof of delivery, oF lectronically. Electronic delivery shall slso be accompanied by regular surface mailto be posted within 24 hous of electronic notice, 1. The Board of Commissioners may deny a special event permit for any ofthe folowing reason ofr any other good ensse 1 The applicant supplies false or misleading iafoemation; fils to complete the application corto provide oor required documents 2. The applicant willfully fails o comply with a requirement or epulation ofthis Ordinance, 3. The aplication is untimely. 44. The applicant or event sponsor previously engaged in conductor activity which resulted in jeopardizing public heal, safety, or welfare.5. The propasod event is proximate to another Special Bvent previously permitted or scheduled such tha the Board of Coramissionets, after making reasonable efforts 10 accommodate both events, i unable to rexsonably accommodate both events, 6. "The proposed event would unreasonably disrupt the orderly or safe ciceulation of wath 505 to prosent an unreasonable isk of injury o damage to the pubic. ‘The Board of Commissioners may issue a Specie Event permit with conditions placed upon the event inthe bet interest of public healt, safety, or Frater reasonable cause SECTION FIVE, Limited Exception o Special Event Permit Reguitemens ‘The provisions ofthis Ordinance shall not be applied to repute the use of waltional public forums as alterative channels of communication by the public, provided such use isthe free exercise of constitutional protected activities and does not disruptor interfere with trafic ‘on public strets, does no require the ue of any public services (i.e. la enforerent, EMS, te). This Ordinance shall not apply to schoo events held on schoo! grounds. SECTIONSIX, Special Event Pennit Requirements Courthouse. The courthouse shal be closed to the public during Spoval Evens. The courthouse shall not be avilable for use at any Special Event Grounds. The grounds adjacent to county buikngs may be made available for use at Special Events subject o provisions in this Ordinance. User ofthe grounds must comply with the following minimum requirements: 1 The grounds shall be protected from damage. The costo epurthe damage shall be paid by the user. 2. Users shall participate with a County representative ina walk-thsough of the grounds before and after each event to inspect the contions of the grounds. 3. Sidewalks shall not be obstruced by booths, tets, displays, or oter items [No vehicles may be driven on or parked on the sidewalks, gras or planted aras ‘5. Plywood or similar material stall be placed as loring inthe work areas of ll food vendor boots Inuition, food vendor boots shall not be placed inthe grassy or planted area, 6, Nostaking of ets or booth is permite on the grounds, [No smoking, legal drug se or aleahol ue is allowed on County grounds. Alcott is ‘ot penntted on County grounds und consumption of lechol en County grounds is prohibited, 8. A user must eave the grounds cleen, clear of debris and trash, and in good coniton. ‘Trash is to be bagged and removed from the grounds. Cleanup and removal of ‘equipment must be completed immediately following the event. ‘9. Users may not move or displace displays, fumiture, or signage 10, Climbing or walking upon any sate, fixture, building, oe any structure nt intended for such purpose is prohibited 11. Displays, sigs, flags, banners, or docorations may not be attached or mounted tothe County failes 12, Displaying any sexually xpi or suggestive matail, items, or images is prohibited. "No vendar may seller display any sexually explicit or suggestive materials items, ot Images on County prounds.‘Conduct Upon County Grounds. The Board of Commissioners of Owen County is committed to providing a respetil and weleoming atmosphere a all Special Event Individuals of ll backgrounds are welcome to Special Evens in Owen Counsy. Application {ora Special Events Permit indicates your agreement that your event and al your participants including vendors will not engage in behavior that demonstrates discrimination ot harassment ‘4. Provedures and Permit Process. {The Applicant of Special !vent shall submit an application to the Owen County Autor, on forms provided by Owen County, not less tha tity (30) days prior the proposed ‘Special Event and provide the fllotng information: ‘Detail and schedule of setivies, County faclities/grounds requested or requte, ‘Statement of community benefit “Amtcipted daily atendance Date and hours of each event, including set-up and dismantle, ‘Admission eieria ‘Map of requested use locations overlaid with planned activites, Scope of requested and required public services. ‘Compliance with all cutent permits for use of publi spaces j. Transporation plan to address overflow and/or sot parking impact, Preepeee 2. The Applicant shall execute an Indemnification Agreement and Relea of Liability ‘Agreement holding Owen County armless from any damages or ability incued a result ofthe Specia! Event. 53, The Applicant shall provide proof of ability insurance fr the Speci Event in the following amounts: 8 General Liability Insurance, with minimum combined single li ‘veh occurence and $2,000,000 inthe aggregate it oF $1,000,000 for b. Automobile Liability Insurance witha minimum combined single limit of $1,000,000, Tor each person and $1,000,000 for each accident. © Worker's Compensation Inurane in accordance with the sttuony requirements of ‘ill 22 ofthe Indiana Code 44 All insurance polices shall be issued by an insurance company authorized to issue ‘such insurance in the State of Indiana, ‘The County of Owen, Board of ‘Commissioners, and the offices, employees, and agents ofeach sll be named as ditional insured party under the General Lisbilty, Automobile, and Worker’ ‘Compensation policies, and such policies shall spate thatthe insurance will ‘operate ws primary insurance and that no other insurance affected by the County will be called upon to contribute to a loss hereunder4. Atte time of filing of the application, a Special Event nonrefundable permit fe shal be paid to Owen County to dffay costs. A refundable damage deposit and all additonal ‘es for lw enforcement, fr department, EMS, water, leceity, and sanitation shall be submited with the application. 5. The Special Event Permit Fee shall be setby the Board of Commissioners. Special Event Permit Fees shall be puid into the Oven County General Fund, SRCTION SEVEN. Apprnvats ‘Completed application forms sal be submited tothe Owen County Auditor. The Auditor shall place the application onthe agenda forthe Board of Commissioners’ regular meeting. Te Board ‘of Commissioners will review the completed sppicaion at pubic meeting, The Board of (Commissioners reserve the right to deny pennit applications whic pose a significant danger ot ‘threat othe public health, welfare, or safety, or which may result in unreasonable inconvenience or cost othe public. The Board of Commissioners shall tke final ation upon a completed pplication fora Special Event Permit as soon as practical. The Town of Spencer must approve any use oftheir sidewalks and stoxs daving a Special Event SUCTION EIGHT. Issuance. Final action on a competed Special vents Permit shall consist of one (1) ofthe following 8. Authorization that a Special Evens Permit be issued in accordance withthe terms of ‘the completed application found tobe in compliance with his Ordisance; or 'b. Authorization that a Special Bvent Permit willbe issued withthe tras and ‘conditions modified and agreed to between the Board of Commissioners and the applicant or Denial of the Special Event Permit application bythe Board of Commissioners SECTION NINE, Revocation | A permit issued under this Ordinance may be revoked for any ofthe fllowing causes: 1. Fraud, miseprsentation, or any false statement contained in the application forthe ‘Special Event Permit 2. Any violation ofthis Ordinance or any other ordinance or regulation of Oven County or ‘ther applicable la, 3. Applicant demonstrates an inability or unwilingness to conduct the Special Event in sccordance with the tems and contin ofthis Ostinaae ox ayer alin ‘regulation. Notice ofthe public hearing fora revocation ofa permit shall be given by the Owen County Board of Commissioners the applicant, in writing, sting forth specifically the grounds of ‘complaint and the ime and place of hearing. Such notice shall be personaly served or may ‘be male, postage pad tothe permittee a shes local addees set foeth onthe application at least three 3) days prior othe date se forthe hearing. "The decison ofthe Board of Commissioners shall be finaSECTION TEN. Payment. 1, Application Fe: A non-refundable application fee of to hundred dollars ($200) shall be due ‘nd payeble upon submission ofthe application. Applications shall be considered incomplete ‘anless and util the application fe epi in fll. '. Financial Security: The Owen County Board of Commissioners is authorized to requie an applicant posta cash deposit asa guarantee against damages, cleanup, or las of pubic be dae upon . Public Services and Ue: The Board of Commissioner are authorized to establish the following fes for he following public services and utes required for the Special Event (4) Law Enforcement Osices, 2) EMS Equipmeat and Personnel, (3) Water and (4) ~leciriiy. The daily fs forthe Special Event areas follows: 1.” Law Enforcement Daily Fes 850 Per Hout Per Officer. Officer Minimum 2. EMS EquipmentPersonnel Foo $25 to $90 Per Hour, Fos smized in Exhibit 3. Water Usage Fee S15 Per Da 4. lectcty Usage Fee_$15 Per Day 4. The applicant forthe Speval Event Permit is responsible for trash removal and obsining the appropriate numberof portable toilets forthe event. The applicant i responsible fr al costs associated with thee services. SECTION ELEVEN, Enforcement. 1. All law enforcement fiers having jurisdiction in Owen County, Indiana, including officers ofthe Indiana Deparment of Natural Resources, shall have the auhortyt enforce the provisions of ths Ordnance. SECTION TWELVE, Penalties, ‘4. Foreach violation ofthis Ontinance the violator wil be subject to fine of not Tes than two hundred dollar ($200) and not more than two thousand five hued dollars ($2,500) per day, per violation, Each day the violation eominae shall be considered separate and distinct violation. ‘Said fine upon payment shall be deposited by the Owen County Auditor into the fund st fart below 195-000-3106 Ordinance Violations Fines © The Owen County Board of Commissioners may, at its discretion, le sit inthe cout of appropriate jurisdiction to enforce the provisions ofthis ordnancs. The violator shall be subject to court costs and reasonable atomey fes assoeated withthe enforcement of this Ordinance. 4. Nothing inthis Ordinance shal limit any right of action by surrounding property owners oF ‘cupants fr any acts which may also constitute violation ofthis Ordinance.SECTION THIRTEEN. Waivers. ‘The Owen County Board of Commissioners may in its sole discretion, and upon good cause shown, approve waives of application fes andlor deposits, or other fes or othe scutes for any tem in any section ofthis Ordinance SECTION FOURTEEN. Adoption. {The provisions contained in this Ordinance and identified ss Exhbit“A: Special Event Permit Applicetion and Exhibit "B": Indemnification Agreement, aad Exhibit C: EMS Memized ees, tir envely ate heey incorporated i is Oriani, SECTION FIFTEEN. Seversbility. 44 The various provisions of this Ordnance re to be considered severable and if any part or ‘portion ofthis Ordinance shall be held invalid by any cout of competent jurisicion, such holding or decision shall not effect the validity ofthe remaining provisions ofthis Ordinance ‘which sal emai in full force sad effet, SECTION SIXTEEN, Repeal of Prior Ordinance. ‘All pir ordinances and resolutions in confit or inconsistent herewith ae hereby expressly ‘repealed. Ordinance No, 2011-08 and Ordinance No, 2011-023 are expressly repealed, ‘This Ordnance sal be in fll force and effect immediatly upon its adoption and publication as required by law. Passed and adopted by the Board of Commissioners of Owen County, State of Indiana ina regular ‘meeting held on the day of. 2018, OWEN COUNTY BOARD OF COMMISSIONERS: TetrBrothers,Presidest ‘Steve Willisson, Vice-President Gary Burton, Commissioner ATTEST: Paty Steward, Auditor