HomeMy WebLinkAboutordinance.council.027-92 ORDINANCE NO. 27
(Series of 1992)
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN,
COLORADO, BY DELETING SECTION 13-31(c) RELATING TO PERMITTING THE
CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC AREAS, REPEALING AND
RE-ENACTING SECTION 13-83 RELATING TO PARADE PERMITS, ADDING SECTIONS
12-101 THROUGH 12-113 ADOPTING A SPECIAL EVENTS PERMITTING PROCEDURE,
ADOPTING A PERMIT PROCESSING FEE, AND RELATED PROVISIONS.
WHEREAS, experience has demonstrated that the City of Aspen is the frequent site of
public and private events which have a temporary impact upon the quiet enjoyment of the public
to municipal property or which require temporary changes to permitted or conditional uses of
public property; and
WHEREAS, experience has further demonstrated that such special events require the City
of Aspen to spend significant amounts of its resources to maintain public order and protect the
public health, safety and welfare; and
WHEREAS, the City Council desires to adopt uniform procedures for granting special
event permits, parade permits, and park use permits that are fair and equitable to facilitate the
use of public property and right-of-ways for special events that benefit the City and promote
goodwill; and
WHEREAS, the City Council desires to charge a nominal fee to meet the expenses
incident to the administration of special event permits and the maintenance of public order in the
matter licensed; and
WHEREAS, a necessary predicate to freedom of speech and the right of the people
peaceably to assemble and to petition the government for a redress of grievances is the freedom
to parade, assemble and meet in public places; and,
WHEREAS, the dissemination of ideas and information in public places is protected
under the Article II, Section 10, of the Constitution of the State of Colorado and under'the First
Amendment to the United States Constitution; and,
WHEREAS, the City Council recognizes that parks, streets and public right-of-ways have
long been regarded as a particular kind of community area that are available, at least to some
extent and on a reasonable basis, for groups of citizens concerned with expression of ideas; and
WHEREAS, the freedom to conduct expressive activities on public property is properly
the subject of municipal regulation; provided the regulation is content neutral, is tailored to serve
significant municipal interests, and leave open ample alternative channels of communication;
and,
WHEREAS, there is a substantial governmental interest in promoting the public health,
safety, welfare and convenience by ensuring that persons who wish to exercise their rights to
expressive activities may reasonably use the public streets, sidewalks, right-of-way, and other
public property without interference with such use; and
WHEREAS, the Aspen Municipal Code at Section 13-31(c) authorizes the City Mm~ager
to issue a permit for the consumption of alcoholic beverages in public areas in contravention of
the prohibition of such activity by Section 12-47-128(1)(h), C.R.S.; and
WHEREAS, the City Council does not desire to allow the City Manager to issue permits
for the consumption of alcoholic beverages in violation of the Colorado Liquor Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CiTY
OF ASPEN, COLORADO:
Section 1
That Section 13-31 of the Municipal Code of the City of Aspen, Colorado, "Drinking
liquor or possession of open container on public property prohibited", is amended by repealing
subsection (c) in its entirety.
Section 2
That Section 13-83 of the Municipal Code of the City of Aspen, Colorado, which section
requires a permit for a parade, meeting or assembly, is hereby repealed and reenacted to read
as follows:
Sec. 13-83. Permits required for parades, meeting and assemblies.
It shall be unlawful for any person to organize, sponsor or participate in a meeting,
assembly, or parade attended by fifty (50) or more persons in or upon any public street,
right-of-way or sidewalk, public park, or in any other public way or city owned or
operated place or facility within tlie City of Aspen unless and until a permit to conduct
such parade, meeting, or assembly has been applied for and obtained, as set fi)rth at
either Section 12-102, 12-104, or 12-105 of this Code, and unless such event is
conducted in accordance with the terms set forth in such permit.
Section 3
That Chapter 12 of the municipal Code of the City of Aspen, "Licenses and Permits
Generally", is hereby amended by the addition and adoption of new Article V, "Special Events
Permits", to read as follows:
ARTICLE V. SPECIAL EVENTS PERMITS
Sec. 12-101. Definitions.
For purposes of this Article, unless otherwise apparent from the context, certain words ·
and phrases used herein are defined as follows:
a) "Applicant" shall mean the person, group, organization, or entity that applies for
a permit and the permittee whose name shall appear on the permit issued pursuant
to this Article.
b) "City Manager" shall mean the City Manager of the City of Aspen or the person
designated by the City Manager to perform the duties of the City Manager set
forth at Sections 12-104 and 12-105 of this Chapter.
c) "Expressive Activity" shall mean a parade, assembly, meeting, or similar
gathering conducted for the purpose of exercising free speech activity protected
by either the First Amendment to the United States Constitution or Article II,
Section 10 of the Colorado Constitution.
d) "Special Event" shall mean any festive, educational, sporting, artistic or
commercial enterprise or activity upon public property for a limited period of
time which is sponsored by a for-profit or non-profit group, organization, or
entity and at which any of the following shall apply:
i) the expenditure of City resources is contemplated or is deemed necessary
by City personnel to maintain public health, safety and welfare;
ii) the event will be conducted on land requiring a temporary land use
approval pursuant to Section 24-7-1201 of the Code; or
iii) the event is expected to have a visual, noise or other environmental impact
upon the immediate vicinity or surrounding area of the event.
d) "Special Events Coordinator" shall mean the City Manager Or the person
designated by the City Manager to perform the duties of the Special Events
Coordinator as outlined in this Article.
Sec. 12-102. Special Event Permit.
Application for a permit authorizing a special event shall be made on a form prepared
and made available by the Special Events Coordinator. The application shall be made
with the Special Events Coordinator at least thirty (30) days prior to the scheduled date
of the special event.
Sec. 12-103. Review by Special Events Coordinator.
The Special Events Coordinator shall review the application for a special event permit
and from the information supplied, take the following actions:
¢~ a) Determine whether the applicant will need to apply for and obtain one or more
of the following additional licenses or permits:
1) Parade permit from the Chief of Police pursuant to Sec. i2-104 of this
Code;
2) Park Use permit from the Director of Recreation pursuant to Sec. 12-105
of this Code;
3) Special Events Liquor License from City Council pursuant to Sec. 12-48-
101, etseq., C.R.S.;
4) Vending agreement from City Council pursuant to Sec. 13-61 of this
Code;
5) Permit to occupy a City right-of-way from the City Engineer pursuant to
Sec. 19-5 of this Code;
6) Temporary land use approval from City Council pursuant to Sec. 24-7-
1201 of this Code;
7) Fireworks, loudspeaker, or other noise permit from the Aspen/Pitkin
Environmental Health Department pursuant to Sec. 16-7 of this Code;
8) Right-of-way construction permit from the City Engineer pursuant to Sec.
19-6 of this Code;
9) Sign permit from the City Manager pursuant to Sec. 24-5-403 of this
Code;
10) License to occupy City owned property or facility from the facilities
manager;
11) Trash accumulation permit from the City Manager pursuant to Sec. 10-14
of this Code; and
12) Business license from the Finance Department pursuant to Sec. 12-28, et
seq., of this Code.
b) Determine whether the applicant's special event constitutes expressive activity
within the meaning of this Article. If the applicant asserts that the proposed event
constitutes expressive activity within the meaning of this Article, the Special
Events Coordinator shall not make a negative determination in this respect
without first conferring with the City Attorney.
c) Refer the application to other relevant City departments and citizen advisory
boards to solicit their comments, suggestions for conditions of approval and
estimate of fees for the rental of City equipment or services requested by the
applicant, or suggested as a condition of approval for the special event.
d) Determine whether the special event requires City Council approval prior to the
issuance of a permit. In making this determination, the following criteria shall be
considered by the Special Events Coordinator:
1) Whether the applicant will need to obtain City Council approval for
another permit or license related to the special event. (For example, a
special events liquor license, vending agreement, or temporary land use
approval).
2) Whether the special event has been approved by the City Council in the
past.
60 3) Whether the Special Events Coordinator, City Manager, or any member
of Council deem it adviseable for Council to consider and approve the
application.
e) Assist the applicant in determining what City owned equipment Coarricades,
traffic cones, etc.), and/or City services (law enforcement officers, clean-up
crews, etc.) shall be required as a condition of approval to maintain public order
and protect the public health, safety and welfare.
f) Impose such conditions as deemed necessary to protect the integrity of the site
and the surrounding uses and structures in the neighborhood in which the special
event is to take place and to minimize or mitigate any impacts the special event
may have upon the health, safety and welfare of the citizens and guests of the
City of Aspen. This may include, but is not limited to, setting requirements for,
or imposing restrictions upon, size, bulk, location, open space, buffering,
screening, noise, signage, parking, traffic control, security, clean up, maintenace,
operations, hours of operation, set-backs, building materials, and requiring such
financial security as deemed necessary to ensure compliance with any or all
conditions of approval and/or to restore the site of the special event to its original
use or condition.
In determining whether to require financial responsibility guarantees or insurance
policies, the Special Events Coordinator shall consider the nature of the proposed
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use'of public property and the adaptability of the same to the proposed use, the
number of persons expected to use the public property, the past experience of the
City and other governmental subdivisions with similar special events, and the
effect such event would likely have on the neighborhood surrounding the subject
property.
Sec. 12-104. Parade Permit.
a) Application for a permit authorizing a parade by fifty (50) or more persons in or
upon any public street, right-of-way, sidewalk, or in any other public way or City
owned or operated place or facility within the City of Aspen shall be made on a
form prepared and made available by the City Manager and submitted to the City
Manager no less than thirty (30) days prior to the scheduled parade. The City
Manager may require any additional information from the applicant which is
reasonably necessary to a fair determination as to whether a permit should issue.
The application form shall contain a description of the standards to be used by the
City Manager in deciding to approve, deny, or approve with conditions parade
permit applications.
b) If the proposed parade does not comply with rules and regulations for parades
promulgated by the City Manager, the City Manager may present alternative loca-
tions, times, routes, or other conditions that will comply. The applicant can either
accept the changes or submit a new application no less than twenty (20) days
prior to the date of the parade that does comply with the issues raised by the City
Manager.
Sec. 12-105. Park Use Permit.
a) Application for a permit authorizing a person, group, or organization exclusive
use of all or a portion of a City owned park or facility, for a limited period of
time, shall be made on a form prepared and made available by the City Manager
and submitted to the City Manager no less than thirty (30) days prior to the
scheduled use of the park or facility. The City Manager may require any
additional information from the applicant which is reasonably necessary to a fair
determination as to whether a permit should issue.
b) If the proposed use of the park does not comply with rules and regulations for
park use promulgated by the City Manager, the City Manager may present
alternative locations, uses, or conditions that will comply. The applicant can
either accept the changes or submit a new application no less than twenty (20)
days prior to the date of the park use that does comply with the issues raised by
the City Manager.
c) The City Manager may require the applicant to execute a license agreement,
approved as to form by the City Attorney, to occupy the park or portion or
facility thereof.
Sec. 12-106. Expressive Activity.
Whenever an applicant for a permit pursuant to this Article asserts that the proposed
event constitutes expressive activity within the meaning of this Article m~d the Special
Events Coordinator so determines, the following procedures shall apply:
a) Notwithstanding any provision of this Code to the contrary, the Special Events
Coordinator shall not impose additional conditions upon the issuance of a parade
or park use permit not required by the City Manager.
b) Notwithstanding Sections 12-104(a) and 12-105(a) to the contrary, an application
for a parade or park use permit shall be made no less than four (4) days prior to
the date of the expressive activity.
c) Notwithstanding Sections 12-104(b) and 12-105(b) to the contrary, the resubmittal
of an application incorporating suggested changes by the City Manager shall be
submitted no less than two (2) days prior to the date of the proposed expressive
activity.
d) Notwithstanding any provision of this Code to the contrary, or suggested
condition imposed by the Special Events Coordinator, or any other agent of the
City, the applicant shall not be required to procure or maintain insurance, post
a bond, or pay any fee or charge which is not nominal and intended solely to
recover the costs of processing applications for permits or licenses. Nothing in
this subsection is intended to relieve the applicant from paying ail bills and
charges for the use of City equipment or services requested by the applicant, to
make repairs, or to reimburse for damages incurred or caused by the applicant
or other responsible person while engaged in the permitted activity.
Sec. 12-107. Fees.
Prior to the issuance of a special event permit pursuant to this Article, the applicant shall
pay the permit processing fee set forth below and, in addition to the processing fees, all
estimated charges for City services, property, and equipment requested by the applicant or
determined to be a requisite condition of approval by the Special Events Coordinator.
Type of Event Fee
a) Minor events attended by fewer than
fifty (50) persons and which do not
require traffic diversion, street
closures or law enforcement
personnel ............................................. $25.00
b) Events requiting street closures,
traffic diversion, or the use of law
enforcement personnel ................................ 200.00
c) Events attended by fewer than fifty (50)
persons and requiring the use of a City
owned park, mail, or other City owned property ....... 200.00
d) Events attended by more than fifty (50)
persons and requiring the use of a City
owned park, mail, or other City owned property ...... 300.00
Sec. 12-108. Waiver of Fees.
The fees and charges imposed by this Article shall not be waived except as provided
herein. Application for the waiver of all or a portion of the fees and charges imposed by
this Article shail be made on a form prepared and made available by the Spec/al Events
Coordinator and submitted to the City Manager no less than three (3) days after the filing
of the permit application. The City Manager may waive ail or a part of the fees and
charges as she, in her discretion, deems to be in the best interests of the City. The City
Manager may take into consideration whether the applicant is as a non-profit organiza-
tion, the extent and nature of the applicant's financiai resources, the revenues expected
to be raised by the speciai event, and any other information deemed relevant by the City
Manager. All waivers shall be made in writing.
Sec. 12-109. Indemnification.
Whenever required as a condition to the issuance of a permit pursuant to this Article, the
applicant shail execute a written agreement to indemnify and hold harmless the City, its
officers and employees, from any loss, liability, damage, or cost sustained by any person
or property, to the extent any such loss, liability, damage or cost rises from any activity
associated with the speciai event, or use of City owned equipment, supplies or property.
Sec. 12-110. Insurance.
Whenever required as a condition to the issuance of a permit pursuant to this Article, the
applicant shall procure and maintain, at its own expense, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed
by the applicant pursuant to Section 12-109 herein. Such coverages shall be procured and
maintained with forms and insurers acceptable to the City. Public liability insurance
coverage shall, at a minimum, be in amounts equal to the monetary limitations provided
by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as
from time to time amended. The policy shall be endorsed to include the City of Aspen
and its officers and employees as additional insureds and shall provide primary insurance.
The applicant shall present a certificate of insurance to the Special Events Coordinator
completed by the applicant's insurance agent as evidence that policies providing the
required coverages, conditions, and minimum limits are in full force and effect prior to
the date of the event. The certificate shall identify the special event and shall provide that
the coverages afforded under the policies shall not be canceled, terminated or materially
changed until at least 30 days' prior written notice has been given to the City. Failure
to procure or maintain policies providing the required coverages, conditions, and
minimum limits shall constitute sufficient grounds for immediate revocation of a permit
issued pursuant to this Article.
Sec. 12-111. Bonds.
Whenever required as a condition to the issuance of a permit pursuant to this Article, the
applicant shall provide the City with a guarantee to ensure financial responsibility for the
payment of all bills, repairs, damages, and otherwise ensure performance of all
conditions of approval. The guarantee shall be in the form of a cash escrow with the
City, or a bank or savings and loans association, or an irrevocable sight draft or letter
of credit from a financially responsible lender, and shall give the City the unconditional
right upon demand to withdraw funds to pay any outstanding bills, including obligations
to the City, make repairs, reimburse for damages incurred, and perform all conditions
of approval.
Sec. 12-112. Term of Permit.
A permit issued pursuant to this Article shall remain in effect only during the time stated
in the permit and shall not be transferable to any other entity without the prior written
consent of the City.
Sec. 12-113. Appeals.
Any person not satisfied with the action taken by a person designated by the City
Manager to perform the duties of the City Manager set forth at Sections 12-104 and 12-
105, by the Special Events Coordinator, or any other City staff person with regard to an
application pursuant to this Article shall have the right to take successive appeals, first
to the City Manager, and then to the City Council. An appeal to the City Manager shall
be taken by filing with the City Clerk a signed statement that the applicant desires to
appeal to the City Manager, along with a copy of the application and the written denial
10
or the permit objected to. An appeal of a decision by the City Manager to the City
Council shall be taken by filing with the City Clerk copies of the application, denial or
permit, and the written decision issued by the City Manager, along with a signed
statement that the applicant desires to appeal to the City Council. Each appeal shall be
filed within two (2) days, exclusive of Saturdays, Sundays and legal holidays, of the
decision appealed from. A hearing shall precede a decision by either the City Manager
or City Council and advance notice of the hearing shall be provided to the applicant and
the City official whose decision is being appealed as soon as is practicable. The right to
appeal an adverse decision by the City Manager to City Council shall be contingent upon
City Council's regular meeting schedule. If City Council does not meet prior to the time
of the scheduled special event, the City Manager's decision shall be final.
Section 3
The City Council hereby finds, determines and declares that this ordinance is necessary
and proper to provide for the safety, preserve the health, promote the prosperity, preserve the
aesthetic beauty, improve the order, comfort and convenience of the City of Aspen and the in-
habitants thereof.
Section 4
Except as specifically amended hereby, the City of Aspen Municipal Code, and the
various secondary codes adopted by reference therein, shall continue in full force and effect.
Section 5
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under
such prior ordinances.
Section 6
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
11
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
A public hearing on the ordinance shall be held on the // day of/~ ,
1992, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the ~ day of ~ , 1992.
John~ Benne[t,
· Mayor
ATTEST:
Kathryn S. l~o~h, ~ity Clerk
FINALLY adopted, passed and approved this /[ day of
h~ , 1992.
John S. Bennett, Mayor
ATTEST:
Kathryn S. ~4~och, City Clerk
13
CITY OF ASPEN
City Manager's Office
APPLICATION FOR A PARADE PERMIT
This application is for a permit authorizing a parade by fifty (50) or more persons in or upon
a public street, right-of-way or sidewalk, or a City owned or operated place or facility. A parade
of fifty or more persons is considered a special event pursuant to Section 12-101 of the Aspen
Municipal Code. Accordingly, a special event permit must be obtained from the City of Aspen's
Special Events Coordinator. In addition, if other activities are planned in connection with the
proposed parade, other permits may also be required. The City of Aspen's Special Events
Coordinator should be contacted for assistance in determining what, if any, other permits may
be required and for help in coordinating requests for City services needed to make the proposed
event a success. Please complete this application along with a Special Event Permit Application
and return them at least thirty (30) days in advance of the proposed parade to the City's Special
Events Coordinator, City Clerk's Office, 130 S. Galena Street.
This application will be reviewed by the Aspen Police Department solely for the purpose of
ensuring that there are no scheduling problems and to ensure that the proposed parade will not
cause any public safety problems.
Applicant's Name
Date of Parade: Starting Time: Ending Time:
Please describe the parade including the approximate number of persons, vehicles, floats or
animals that will participate in the parade:
Please describe the parade route and any assembly areas that will be used at the start or end of
the parade. (A map or sketch of the parade route might be helpfol to plan any necessary street
closures and the placement of barricades or traffic cones).
Will this proposed parade be conducted for the purpose of exercising free speech activity
protected by either the First Amendment to the United States Constitution or Article II, Section
10 of the Colorado Constitution? Please note that if the answer is yes, special review procedures
shall apply to the permit application. Section 12-106 of the Aspen Municipal Code.
Yes (_) No (__)
Conditions of Approval or Reasons for Denial:
Chief of PoLice City Manager