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14-1611 City Code Historic Meridian Special Events CodeCITY OF MERIDIAN ORDINANCE NO. 11 - I BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AMENDING MERIDIAN CITY CODE SECTION 3-4-1, ADDING DEFINITIONS OF CITY SERVICES AND HISTORIC MERIDIAN SPECIAL EVENT; MERIDIAN CITY CODE SECTION 3-4-3(C)(6)(B)(3)(B), REGARDING WAIVER OF COSTS FOR CITY SERVICES PROVIDED TO SUPPORT HISTORIC MERIDIAN SPECIAL EVENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 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; and WHEREAS, 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; and 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 clarify the City's interest in, and level of support for, historic community events; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-1 shall be amended to include the following definition: CITY SERVICES: Services provided by City employees in the course and scope of their employment for the protection of the public health, safety, or welfare and/or for the maintenance of public property. This definition shall include, but shall not be limited to, property maintenance services provided by employees of the Meridian Parks and Recreation Department, public safety services provided by employees of the Meridian Police Department, and fire protection and medical services provided by employees of the Meridian Fire Department. This definition shall not include services related to permitting, licensing, inspections, reservations, or the provision of services by City contractors. Section 2. That the relevant provision of Meridian City Code section 3-4-1 shall be 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: OUTDOOR SALES AND TEMPORARY USES CODE UPDATE - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 1 OF 4 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; 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 (3) or more of the following factors apply: 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. A special event shall be classified as an "Historic Meridian Special Event" where such special event has occurred within Meridian on an annual basis for seventy-five (75) years or more D -.E. 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 3. That Meridian City Code section 3-4-3(C)(6)(b)(3)(B) shall be amended to read as follows: (3) It shall be unlawful for an organizer of a large scale special event, or any person, to conduct, allow, organize, or cause to be conducted or organized a large scale special event without the following: (B) A mutually negotiated and agreed upon special event agreement with the city to establish the terms and conditions of any city services or property to be used, whether as required by this chapter or at such organizer's election, including estimated payment due for all city services OUTDOOR SALES AND TEMPORARY USES CODE UPDATE -HISTORIC MERIDIAN SPECIAL EVENTS PAGE 2 OF 4 provided or necessary to support the event. City may provide city services necessary to support Historic Meridian Special Events at no or reduced charge to organizer, as established by written agreement, where the provision of such services is deemed feasible and appropriate in the discretion of the respective department director(s). Notwithstanding the 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. PASSED by the City Council of the City of Meridian, Idaho, on May, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May a� , 2014. APPROVED: Tammy erd, Mayor ATTEST: Go�4OOTPET A UCCST tit � aty of Z. -Q IDIA N*-- y �DaHO m SEAL a e mr6 P�� °l 1de T&E AS���V City Clerk OUTDOOR SALES AND TEMPORARY USES CODE UPDATE - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 3 OF 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- ( (o 11 AMENDING MERIDIAN CITY CODE SECTION 3-4-1, ADDING DEFINITIONS OF CITY SERVICES AND HISTORIC MERIDIAN SPECIAL EVENT; MERIDIAN CITY CODE SECTION 3-4-3(C)(6)(B)(3)(B), REGARDING WAIVER OF COSTS FOR CITY SERVICES PROVIDED TO SUPPORT HISTORIC ZRIDIAIN SPECIAL EVENTS; AND PROVIDING ANEFFECTIVE DATE. O'0DSiATEDS�lr9 City of NknETID- IANC. Mayor and City Council �° By: Jaycee Holman, City Clerk `°�, SEA1 do�,tde 'rR ti .5u8'�� P First Reading: a a a \�► Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14 -lid 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. 14- 1 to I i 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 ®+-t , 2014. William. L.M. Nary City Attorney OUTDOOR SALES AND TEMPORARY USES CODE UPDATE - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 4 OF 4