13-1549 City Code Large Scale Special Events TUP Code UpdateCITY OF MERIDIAN INANCE N ~~
BY THE CITY COUNCIL: BI OAGLtJN, RUNT E, ZARE BA
WE AS, the City Council of the City of Meridian has instituted a procedure by which outdoor
sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for
the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in
such outdoor sales and temporary uses;
WHE AS, the permitting procedure and standards have been found to encourage outdoor sales
and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and
desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that
support and facilitate community events and celebrations;
WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are
intended to improve and refine the processes and standards established therein, specifically, to address
large-scale special events;
NOW, THEREFORE, BE IT O AINE BY THE MAYOR AND CITY COUNCIL O
THE CITY OF MERIDIAN, A A COUNTY, IDAHO:
Section 1. That Meridian City Code section 3-4-1 is hereby amended to read as follows:
SPECIAL EVENT:
A. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons
which:
1. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible
land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the
streets, sidewalks, or other publicly accessible areas; and
2. Takes place, whether entirely or partially:
a. On a street or sidewalk located within the city and will likely result in some or total
obstruction of such streets or sidewalks; or
b. On any other property, whether public or private, but requires for its successful
execution the provision and coordination of city services to a degree over and above that
which the city normally provides; or
c. On or in any area open to the public.
B. Special events may include, but shall not be limited to:
1. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a
combination thereof;
2. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves
the expression of opinions or grievances of persons for a common purpose;
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 1 OF 6
3. Performance, presentation, ceremony, concert, or exhibit;
4. Athletic competition, race, or contest involving sports, games, or exercises; or
5. Community or neighborhood celebration, gathering, or block party.
C. Special events shall be classified as a "Large-Scale Special Event" where it is anticipated that five
thousand (5,000) or more persons will attend the event, or where three or more of the following factors
app
1. It is anticipated that two thousand (2,000) or more persons will attend the event;
2. Extra-duty police officers will be required to staff the event in order to adequately protect public
safety, as determined in the discretion of the Chief of Police or his designee (for example high-
risk activity, live music or other performance, street closure, traffic increase or pattern change,
etc.
3. Alcoholic beverages will be served or sold at the event; and/or
4. Structural or electrical permits will be required.
D.--~ The definition of special event shall not include:
1. An activity held solely on private property not accessible by the general public and which
neither requires the provision and coordination of city services to a degree over and above that
which the city routinely provides nor compromises the ability of the city to respond to a public
safety emergency;
2. An activity, including first amendment activity, occurring on streets or sidewalks within the city
or in or on city property, where such activity neither results in the obstruction of streets or
sidewalks, nor requires the provision and coordination of city services to a degree over and above
that which the city routinely provides, nor compromises the ability of the city to respond to a
public safety emergency;
3. Funeral processions; or
4. Programmed activities provided or managed by the city.
Section 2. That Meridian City Code section 3-4-3(A)(6)(d) is hereby amended to read as follows:
d. The city clerk shall deny an application for a temporary use permit where:
(1) The application is incomplete or required application materials or fees have not
been timely submitted;
(2) Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete;
(3) The proposed temporary use will not be conducted in accordance with all
applicable provisions of law, including, but not limited to, this section;
(4) A violation of the Meridian unified development code or of this section is
occurring upon the property upon which such proposed temporary use is proposed
to occur; er
(5) The applicant has been convicted of a violation of any provision of this section
within the five (5) years preceding the date of submission of the application:z
~) The applicant has an outstanding balance due and owing to the Cit~of
Meridian; or
(7) The applicant has violated a provision of a prior Special Event Agreement dulX
executed between the applicant and City within the five (5) years preceding the
date of submission of the application.
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 2 OF 6
Section 3. That Meridian City Code section 3-4-3(C)(6) is hereby amended to read as follows:
6. The following general standards shall apply to all Special Events; additionally, the following specific
standards shall also apply to Lame-Scale Special Events
a. General standards For All Special Events:
(1) ~A complete application for a temporary use permit for a special event shall be
submitted to the city clerk at least thirty (30) days prior to the first day of the proposed
special event.-iprovided that an application for a Temporary Use Permit for aLarge-Scale
Special Event shall be submitted at least sixty (60) calendar dates prior to the first da~of
the proposed Lame-Scale Special Event.
(2) h:-It shall be unlawful for an organizer of a special event, or any person, to conduct,
allow, organize, ~~~~°,, N~•^~^+°, or cause to be a~~~°~*~~°~ ^r Nr^~^*°a conducted or
or anized a special event without the following:
~-(~-A city of Meridian temporary use permit.
-{~)-A city of Meridian citizen's use permit, where applicable.
,(~,-(~-}-Any and all applicable licenses, permits, inspections, and/or certifications
from the Central district health department.
~,-(4~-Any and all applicable licenses, permits, inspections, and/or certifications
from the Idaho tax commission.
~,-~-}-Any and all licenses, permits, inspections, and/or certifications required by
this title, including, but not limited to: server training certification, and private
security services licenses.
~-{--Any and all licenses, permits, inspections, and/or certifications required by
title 10 of this code.
,(G~-(-Any and all licenses, permits, inspections, and/or certifications required by
title 13 of this code and/or the policies of the Meridian parks and recreation
department.
.(.H~,-(S-}-Written consent of the owner(s) of any and all property or properties on
which the special event is to occur.
,~,-~9)-Proof of an insurance policy, issued by an insurance company licensed to do
business in Idaho, protecting the applicant and/or any employees and/or agents
thereof from all claims for damages to property and bodily injury, including death,
which may arise from operations under or in connection with the special event.
Such insurance shall name the city as additional insured, and shall provide that the
policy shall not terminate or be canceled prior to the expiration date without thirty
(3 0) days' advance written notice to the city. Such insurance shall afford minimum
limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five
hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five
hundred thousand dollars ($500,000.00) per occurrence property damage:, provided
that the minimum limits for Lame-Scale Special Events shall be as set forth below
-(-~}No provision of this subsection shall preclude the application of any and all other
licensing and/or other applicable provisions of local, state, or federal law to any special
event organizer, nor exempt any vendor or participant in a special event from compliance
with any and all other licensing or other applicable provisions of local, state, or federal
law, except that where a special event includes vendors or participants that would
otherwise require city of Meridian licenses or permits to operate as mobile sales units or
temporary sales units, such vendors and/or participants shall be exempt from such
requirement, provided that this exemption shall apply only to vendors and/or participants
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 3 OF 6
represented on the site plan(s) or map(s) submitted by the organizer; and further provided
that such exemption shall apply only for the time, at the place, and in the manner specified
for such special event in a validly issued city of Meridian temporary use permit.
,(~-(-Special events shall be allowed for a period not to exceed fourteen (14) days within
any ninety (90) day period.
~,-(e~It shall be unlawful for any person to conduct, allow, or organize a special event in a
residential district, except that:
(A) Neighborhood events or block parties shall be permitted in residential districts
without a temporary use permit, although a city of Meridian citizen's use permit
may be required.
(B) Special events involving a route, such as races, parades, or marches maybe
permitted in residential districts, so long as such special events both start and end in
nonresidential districts.
,~6,~{~The following provisions shall apply to any and all temporary signs related to a
special event:
-(~}-It shall be unlawful for any person to install, erect, post, or display or to
allow or cause the installation, erection, posting, or display of a temporary sign or
temporary signs where the quantity or dimensions thereof exceed the limitations set
forth in this subsection. No more than two hundred (200) temporary signs with an
area not to exceed six (6) square feet shall be installed, erected, posted, or displayed
for the purpose of identifying, promoting, advertising, or directing patrons to a
special event. No more than twelve (12) temporary signs with an area not to exceed
thirty two (32) square feet shall be installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a special
event.
~,-(~-It shall be unlawful for any person to install, erect, post, or display or to
allow or cause the installation, erection, posting, or display of any temporary sign
identifying, promoting, advertising, or directing patrons to a special event upon any
property without the permission of the owner of such property.
,(~-{~-}Any and all temporary signs identifying, promoting, advertising, or directing
patrons to a special event shall be removed within twenty four (24) hours of the
conclusion or close of such special event.
b. Additional specific standards For Lame-Scale Special Events
(1) At least fourteen (14) dais prior to submission of an application for a Temporary Use
Permit for aLame-Scale Special Event, the organizer of a Lame-Scale Special Event shall
request and attend.agre-application meeting with City staff to identify and address potential
hazards presented by such event to public health, safety, and convenience Upon request bX
the applicant, the City Clerk or designee shall schedule such meeting, which may include, as
necessary, City staff from the Police Department, Fire Department, Parks and Recreation
Department, City Attorney's Office, and/or other departments
(2) A complete application for a Temporary Use Permit for aLame-Scale Special Event shall
be submitted to the city clerk at least sixt~(60) days prior to the first da off the proposed
special event.
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 4 OF 6
~3~ It shall be unlawful for an organizer of a Lar e-Scale Special Event, or andperson, to
conduct, allow, or organize, or cause to be a Lar e-Scale Special Event without the following:
~a) Proof of an insurance policy, issued by an insurance company licensed to do business
in Idaho, protectin t~ he applicant andlor anX employees and/or agents thereof from all
claims for lama eg s to property and bodil~iury, including death, which may arise from
operations under or in connection with the special event. Such insurance shall name the
city as additional insured, and shall provide that the policy shall not terminate or be
canceled prior to the expiration date without thirty (3 0~ days' advance written notice to the
city. Such insurance shall afford minimum limits of one million dollars ($1,000,000.00)
per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodil~jur~
and one million dollars ($1,000,000.00) per occurrence property damage.
(b) A mutuallynegotiated and a re.,~ ed-upon Special Event Agreement with the Cit~to
establish the terms and conditions of anY City services or propert~to be used, whether as
required bX this chapter or at such organizer's election, including estimated pa, ment due
for all Cit services provided or necessar, t~ o support the event. Notwithstandingtbe
execution of such contract, all provisions of this Chapter, including penalties for
noncompliance, shall apply, in addition to any remedies set forth in such contract.
Section 4. That this ordinance shall be effective immediately upon its passage and publication.
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PASSED by the City Council of the City of Meridian, Idaho, this day of April, 2013.
APPROVED b the Ma or of the Cit of Meridian Idaho this ~ da of A ril 2013.
Y Y Y Y p~
APPROVED:
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Tammy d erd Mayor ~ cee
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ATTEST:
lman, City Clerk
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 5 OF 6
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0. 13-~~
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE
SECTION 3-4-1, RELATING TO THE DEFINITION OF SPECIAL EVENT; AMENDING
MERIDIAN CITY CODE SECTION 3-4-3(A)(6)(d}, RELATING TO STANDARDS FOR DENIAL
OF TEMPORARY USE PERMIT APPLICATIONS; AMENDING MERIDIAN CITY CODE
SECTION 3-4-3(C}(6), RELATING TO LARGE-SCALE SPECIAL EVENTS; AND PROVIDING
AN EFFECTIVE DATE.
The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication.
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i y of dean ~;cy ~t
Mayor and City Council ~~ F I1~I.A N~-
By: Jaycee Holman, City Clerk ~ ° n ~"
C1 ~ a
First Readin : ~ - ~ ~ ~ ~ ~ ~ ~ ~~~ > L~~~
ttre'[t?~~~
Adopted after first reading by suspension of the allowed pursuant to
Idaho Code § 50-902: YES NO
Second Readin : ~ ~- 1 ~ - ~ o I ~~
Third Reading: ~~ ~- z~ d 2 a I
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE N0. 13- ~'L _
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that
he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no.13- 1,5 ~{ of
the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice
to the public pursuant to Idaho Code § 50-901A(3).
DATED this day of 013.
r ~1/
William. L.M. Nary, City Attorney
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 6 OF 6