§ 70-4. Permits required for operation of mechanical rides and amusements, tent shows, carnivals and special events.

(a)

[Provisions.] No person or his servants or agents, owning or representing any circus, amusement or carnival company or representing individuals' interests, shall erect, operate or maintain within the corporate limits of the city any mechanical rides of any type or style or erect or operate tent shows or booths, tents, trailers or portable structures containing mechanical or electronic gaming machines or apparatus for contests of strength or skill, on either public or private property without first having obtained a proper permit therefore.

(b)

[Special events.] No person or entity may conduct a special event within the corporate limits of the city without first having obtained a proper permit therefore.

(1)

Special event means a street fair, art and craft show, carnival, block party, or other neighborhood activity, dance, rally, promotional or fund raising activity, community celebration and observance, or other organized activity which is conducted on any city street, sidewalk, alley, public right-of-way, or other property owned or controlled by the city, which potentially obstructs, delays, impedes, impairs or interferes with the usual, normal and free pedestrian or vehicular use, or which requires, in the judgment of the chief of police, the deployment of peace officers for crowd control.

(2)

A special event permit is not required for the following:

a.

Funerals and funeral processions;

b.

School events conducted under the authority of any recognized public or private learning institution or the Arkansas Activities Association.

c.

Sporting events on city facilities if approved by the parks and recreation department.

(c)

Application requirements. A permit may be obtained for not more than four days upon proper application to the city administrator or his designee. Applications shall be submitted in writing at least 15 days in advance and on a form prescribed by the city attorney that shall require the application to be signed by the person filing the application. Before the permit can be granted, the city administrator or his designee shall consult with the chief of police and the fire chief, or their designees. The application shall include proof of bodily injury and property damage liability insurance with $500,000.00 minimum coverage. The insurance policy shall be issued by a company authorized to do business in the state. The application fee for any such permit shall be $25.00.

(d)

Grounds for nonissuance. The city administrator or his designee shall not issue a permit if:

(1)

Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;

(2)

The applicant fails to promptly supply requested information after having been notified of the additional information or documents required;

(3)

The sole purpose of the event is the advertising of any product, good, ware, merchandise or event, and the event is to be held solely for private profit and not for First Amendment expression;

(4)

A special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both events;

(5)

The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to traffic congestion;

(6)

The concentration of persons, animals or vehicles at the site of the event or the assembly and disbanding areas around an event will prevent or unreasonably hinder proper police, fire, or ambulance services to areas contiguous to the event;

(7)

The size of the event will require diversion of so great a number of police officers to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent or unreasonably hinder normal protection to the remainder of the city;

(8)

The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets or any public right-of-way;

(9)

The event shall occur at a location adjacent to a school or class thereof at a time when it is in session, and the noise created by the activities of the event would be likely to substantially disrupt the educational activities of the school or class thereof;

(10)

Should the police chief, fire chief or city administrator determine that the event would be contrary to or otherwise endanger the health, safety or welfare of participants or the public.

(e)

Mandatory permit conditions. The following conditions are deemed to apply to all permits:

(1)

No bonfires, campfires, or open flame without written approval from the city fire department;

(2)

Compliance with animal protection ordinances and laws;

(3)

Use of adequate garbage containers, cleanup and restoration of city property to include the removal of animal feces;

(4)

Use of reasonable noise controls to protect the public peace;

(5)

Compliance with all other relevant ordinances or laws and obtaining any legally required permit or license;

(6)

The applicant/sponsor will not exclude at any time any city inspector, police officer or fireman on duty from inspecting, maintaining, and assuring the health, safety and welfare of the citizens of the city.

(f)

Optional permit conditions. The city administrator or his designee may also condition the issuance of a permit by imposing reasonable requirements concerning the time, place, and manner of the event, where necessary to protect the safety of persons and property, and the control of traffic; provided such conditions shall not unreasonably restrict the right of free speech. Such conditions may include but are not limited to:

(1)

Alteration of the date, time or location of the event proposed on the permit application;

(2)

Conditions concerning accommodation of pedestrian or vehicular traffic;

(3)

Requirements for the use of city-approved traffic cones or barricades;

(4)

Requirements for provision of first aid or sanitary facilities;

(5)

Requirements for security personnel;

(6)

Restrictions on the number and type of vehicles, animals, tents or structures at the event;

(7)

Restrictions prohibiting participants from bringing alcoholic beverages into the event location;

(8)

Restrictions prohibiting the use of tobacco products, except in designated areas;

(9)

Posting of a deposit in an amount determined by the city administrator or his designee to be adequate for protection of city facilities and equipment.

(g)

Indemnification agreement. Prior to the issuance of an event permit, the permit applicant and authorized officer of the sponsoring organization (if any), must sign an agreement to reimburse the city for any costs incurred in repairing damage to city property proximately caused by the actions of the permittee/sponsoring organization, its officers, employees, or agents, or any person who was under its control, insofar as permitted by law. The agreement shall also provide that the permittee/sponsoring organization shall hold harmless, indemnify and defend the city, its officials, agents and employees against any claims, costs, damages, demands, liability and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of the permittee/sponsoring organization, its officers, employees, or agents, or any person under its control in connection with the permitted event, regardless of whether the city is actively or passively negligent.

(h)

Appeals. Any person wishing to contest the issuance or denial of a permit by the city administrator or his designee, or any condition imposed thereby, may bring such appeal to the board of directors by notification to the city administrator or his designee, in writing, at least five working days prior to the next regularly scheduled board of directors meeting.

(i)

Unlawful acts. It shall be unlawful and a violation of this Code for any person or entity to sponsor or participate in an event without a permit, to exceed the scope of a permit or to fail to adhere to any conditions imposed therein.

(Code 1978, § 7.04.01; Ord. No. 09-13, 5-19-2009; Ord. No. 14-28, § 1, 12-16-2014)