Legislation # 15-0342 Enactment Number 15-0026
Type Ordinance - Coded Effective Date none
Introduction Date 10/28/2015
Title Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Adding a New Article XIII to Chapter 2 Entitled, “Special Events” Pertaining to the Regulation of Special Events.
 
Legislation History 15-0342
DateNotice Of ActionDescription
11/6/2015 Enactment Number 15-0026
10/28/2015 Approved with the correction of a typographic area as identified by staff during the presentation.
10/28/2015 Presented by Alison Alexander, City Planner, and Bonnie Brown, Senior Assistant City Attorney. This presentation applied to agenda items 7 through 11.
10/21/2015 Received By Clerk's Office
 
View Attachments 15-0342
FileTypeSizeDescription
1 Special Events_Council 10-28-2015 (adoption).ppt Power Point Presentation 4368K PowerPoint Presentation
1 Hampton Special Event Guidebook.pdf Exhibit 417K Special Events Guidebook
1 Permit Type Guide Graphic.pdf Exhibit 197K Permit Type Guide Graphic
1 Park & Outdoor Facility Rental List.pdf Exhibit 27K Park and Outdoor Facility Rental List
1 REDLINE - City Code Chapter 2 Article 13 - Special Events Generally FINAL.pdf Exhibit 194K Redline Ordinance
 
Legislation Text 15-0342

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 15-0342

 

Enactment Number: 15-0026

 

Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Adding a New Article XIII to Chapter 2 Entitled, Special Events Pertaining to the Regulation of Special Events.

 

BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Article XIII of Chapter 2 of the City Code of the City of Hampton, Virginia be added to read as follows:

 

Chapter 2 ADMINISTRATION

 

. . . .

 

ARTICLE XIII. SPECIAL EVENTS

 

Sec. 2-311. Special events; purpose and intent.

 

(a) The City of Hampton is committed to facilitating a wide range of special events that highlight the diverse communities within the City while ensuring that all events are conducted in a safe and orderly fashion. Accordingly, this article sets forth the application and review process for special events to minimize any negative impacts on special event participants, spectators, and the general public.

 

(b) This article shall have an effective date of December 1, 2015.

 

Sec. 2-312. Special events; definitions.

 

As used in this Article, the following terms are defined as follows:

 

Alcoholic beverages. Providing or selling alcoholic beverages when a license is required by the Virginia Alcoholic Beverage Control Act (Virginia Code 4.1-100-4.1-517, as amended), including but not limited to banquet, tasting, mixed beverage special events, or club events licenses.

 

City-Scale Public Special Event. Any announced gathering held outdoors on city property, including but not limited to festivals, marathons, bicycle races, concerts, parades, public performances, block parties, and processions, whenever any of the following criteria (City-Scale Public Special Event Criteria) are met:

(a) Attendance is expected to exceed 250 people at any one point in time;

(b) Public street or other public right-of-way closure will be required;

(c) Live entertainment, mobile vendors, or alcoholic beverages will be provided; or

(d) Admission will be charged.

City-Scale Public Special Events shall not include:

(a) Normal and customary use of City of Hampton owned or leased outdoor recreational facilities, including but not limited to City of Hampton operated golf courses and Hampton BMX, regardless of whether the City-Scale Public Special Event Criteria are met, unless the event requires closure of a public street or other public right-of-way, or use of additional City of Hampton staff.

(b) Rentals of city parks, including park shelters, but only if none of the City-Scale Public Special Event Criteria are met.

 

City-Scale Private Special Event. Any announced gathering held outdoors, not on city property, including but not limited to weddings, reunions, and birthday parties, whenever any of the following criteria (City-Scale Private Special Event Criteria) are met:

(a) Attendance is expected to exceed 250 people at any one point in time;

(b) Public street or other public right-of-way closure will be required;

(c) Mobile vendors will be provided; or

(d) Admission will be charged.

City-Scale Private Special Events shall not include, regardless of whether the City-Scale Private Special Event Criteria are met:

(a) Customary and regularly scheduled public school, private school, or college/university activities taking place on the school or college/universitys property, unless the event requires closure of a public street or other public right-of-way, or use of additional City of Hampton staff.

(b) Normal and customary events taking place at open-air venues permitted by the City of Hampton zoning ordinance when the event will not exceed the capacity permitted by the certificate of occupancy.

 

Live entertainment. Any artistic, musical or theatrical performance, including but not limited to, karaoke, open-microphone, live vocal or instrumental music, recorded music with a disc jockey (DJ), play, stand-up comedy, dance act, magic, poetry reading, reenactment, cabaret, or any combination thereof, performed by one (1) or more persons, whether or not they are compensated for the performance or admission is charged.

 

Mobile vendors. The sale or exchange of any item, including, but not limited to, any and all goods, wares, flowers, prepared or unprepared food or any other product, by any person from any temporary structure, including, but not limited to, any table or stand, or from any motor vehicle, trailer, cart, dray, wagon, pushcart or any hand or pedal-propelled vehicle.

 

Neighborhood-Scale Public Special Event. Any announced gathering held outdoors on city property where all of the following criteria are met:

(a) Attendance is not expected to exceed 250 people total;

(b) No mobile vendors or alcoholic beverages will be provided;

(c) Admission will not be charged;

(d) No public streets or other public rights-of-way are required to be closed; and

(e) The event will be held on city property identified on the Neighborhood-Scale Public Special Event Map.

 

City property. Public streets, sidewalks, and other public rights-of-way, places, or properties owned by the City of Hampton, Virginia.

 

Special event. One of three types of announced gatherings of people, including City-Scale Public Special Events, City-Scale Private Special Events, and Neighborhood-Scale Public Special Events, as well as any other event deemed by the special event coordinator, after consultation with the appropriate divisions of the department of public safety and the city manager, to affect public safety, health, or welfare by its potential impacts on the general public or surrounding properties.

 

Special Event Coordinator. The City Manager of the City of Hampton or her designee.

 

Sec. 2-313. Special events; permit required; penalties for violation.

 

(a) Any person or organization desiring to hold a special event shall obtain a special event permit prior to operating a special event.

 

(b) The special event coordinator is authorized and directed to develop an application process for special event permits and procedures for reviewing special event applications, which shall be kept on file in the office of the special event coordinator.

 

(c) Failure to obtain a special event permit when required, or violation of the terms and conditions of an approved special event permit, shall result in the following:

(1) First offense:

(i) Written notice of violation shall be issued by the special event coordinator to the applicant or the applicants organization and the property owner; and

(ii) Neither the applicant, the applicants organization, nor the property owner shall be eligible to apply for a special event permit for 18 months from the date of violation.

(2) Second offense:

(i) Written notice of violation shall be issued by the special event coordinator to the applicant or the applicants organization and property owner;

(ii) Neither the applicant, the applicants organization, nor the property owner shall be eligible to apply for a special event permit for 18 months from the date of violation; and

(iii) A person convicted of a second offense under this article shall be guilty of a class 4 misdemeanor punishable by a fine of up to $500.00.

(3) Third and any subsequent offense:

(i) Written notice of violation shall be issued by the special event coordinator to the applicant or the applicants organization and property owner;

(ii) Neither the applicant nor the property owner shall be eligible to apply for a special event permit for 18 months from the date of violation; and

(iii) A person convicted of a third or subsequent offense under this article shall be guilty of a class 3 misdemeanor punishable by a fine of up to $500.00.

 

(4) Each day this article is violated shall constitute a separate offense.

 

Sec. 2-314. Special event permit; application, submission deadlines, and fees.

 

(a) Applicant.

(1) Application for a special event permit on city property shall be made by the person or organization desiring to hold the special event in writing to the special event coordinator.

(2) Application for a special event permit on non-city property shall be made by the property owner, or by persons other than the property owner with the written consent of the property owner, in writing to the special event coordinator.

 

(b) A complete special event permit application shall include the following:

(1) A fully completed and timely special event permit application determined by the scale and type of event as provided in subsection (3) below; and

(2) A non-refundable application fee of:

(i) $50.00 for City-Scale Public and City-Scale Private Special Events.

(ii) $25.00 for Neighborhood-Scale Special Events.

(3) Special event permit applications vary depending on the scale and type of event. When a permit is required, one of the following special event permit applications must be fully completed, executed, and submitted:

(i) City-Scale Public Special Event;

(ii) City-Scale Private Special Event; or

(iii) Neighborhood-Scale Public Special Event.

(c) Special event permit application deadlines.

(1) Application for a special event permit must be submitted within the time periods set forth in this section. Submission of a special event permit application after the submittal deadline constitutes grounds for denial of the special event permit, and the special event coordinator may return the application without further review.

(i) City-Scale Public Special Event and City-Scale Private Special Event with more than 500 people expected to be in attendance or requiring a street closure: at least 90 calendar days prior to event.

(ii) City-Scale Public Special Event and City-Scale Private Special Event with fewer than 500 people expected to be in attendance: at least 60 calendar days prior to event.

(iii) Neighborhood-Scale Public Event: at least 30 calendar days prior to event.

(2) All licenses, fees, approvals, and materials required for the proposed event must be received by the special event coordinator within five (5) calendar days of the proposed special event date. Failure to submit said licenses, fees, approvals, and materials constitutes grounds for denial of the special event permit.

 

(d) Special Event Fees.

In addition to the application fee set forth in this section, the following fees apply to all special events, as applicable by the location, nature, and size of the special event:

(1) Park and Outdoor Facilities Fees as set forth in Chapter 26 of the City Code; and

 

(2) As determined by the city department or division responsible for provision of the services, reasonable fees for:

(i) Police services at the extra duty rate set by the chief of police;

(ii) Fire and emergency medical services at the rate set by the fire chief;

(iii) Rental equipment and related personnel, including but not limited to sanitation, signs, barricades, and traffic-control devices; and

(iv) All other personnel, equipment, and support reasonably necessary to facilitate the event so as not to constitute a detriment to the health, safety, and welfare of the public.

 

Sec. 2-315. Special event permit; procedure for application review.

 

(a) Upon submission and acceptance of a complete special event permit application, the special event coordinator shall transmit the application to appropriate city departments and other agencies affected by the proposal, retrieve comments, and develop any conditions suitable to mitigate the impact of the proposed event.

 

(b) The special event coordinator shall convene the Special Events Committee, comprised of officials from the appropriate city departments and other agencies affected by the proposal, and provide the date, location, and time of the meeting to the applicant. Applicants must attend the Special Events Committee meeting where the event is discussed. Failure to attend the meeting without prior permission by the special event coordinator constitutes grounds for denial of the special event permit.

 

Sec. 2-316. Special event permit; standards for application review.

 

(a) The special event coordinator is authorized to grant special event permits meeting all of the requirements of this article provided the following standards are met:

(1) The proposed event will not unreasonably interfere with the normal use of city property by the city or the general public;

(2) The proposed event does not present a safety or health risk to participants, spectators, the general public, or an environmental hazard;

(3) The proposed event is compatible with the surrounding area or neighborhood in consideration of anticipated noise, traffic, crowd capacity, and other similar factors;

(4) City resources necessary to support the proposed activity are reasonably available; and

(5) The special event coordinator has received all licenses, fees, approvals, and materials required by this article within five (5) calendar days of the proposed event date.

 

Sec. 2-317. Special event permit; insurance, conditions, and fees.

 

(a) For events on city-owned property, insurance is required as follows:

 

(1) City-Scale Public Events.

The applicant must provide proof of liability insurance underwritten by insurers acceptable to the risk manager, indemnifying the city against all claims which may arise in connection with the proposed activity. Such coverage shall be in amounts set forth by the risk manager, based upon risks associated with each type of event.

 

(2) Neighborhood-Scale Public Events.

If the applicant is a Registered Neighborhood Organization certified as such by the department of community development, no liability insurance for the event shall be required. If the applicant is not a Registered Neighborhood Organization certified as such by the department of community development, the applicant must provide proof of liability insurance underwritten by insurers acceptable to the risk manager, indemnifying the city against all claims which may arise in connection with the proposed activity. Such coverage shall be in amounts set forth by the risk manager, based upon risks associated with each type of event.

 

(b) In granting a special event permit, the special event coordinator may impose conditions, requirements, and restrictions as are necessary to reasonably protect the public health, safety, and welfare. Such conditions may include, but are not limited to:

(1) Provision of police services at the extra duty rate set by the chief of police;

(2) Provision of fire and emergency medical services at the rate set by the fire chief;

(3) Provision of equipment and personnel necessary for sanitation, signs, barricades, traffic-control devices, crowd control, security, fire protection, emergency medical services, food handling, and waste disposal; and

(4) Limitation on the number of attendees permitted based on the location, nature, and size of the proposed event.

 

Sec. 2-318. Special event permit; grant or denial and recurring special events.

 

(a) After review of the special event permit application by the special event coordinator and Special Events Committee, the special event coordinator may:

(1) Approve the special event permit with or without conditions if it meets the standards for approval set forth in this article; or

(2) Deny the special event permit if it does not meet the standards for approval set forth in this article. Upon denial of a special event permit application, the applicant shall be apprised of the reasons for denial and shall be entitled to appeal the decision to the city manager.

 

(b) If the special event permit is approved, the special event permit application and related conditions and materials become binding upon the applicant as part of the special event permit and shall be enforced by the Hampton police division and special event coordinator.

 

(c) Recurring special events.

The special event coordinator may, through the grant of a single special event permit, allow for a special event to occur on multiple dates when the event will be substantially similar each time and will occur in the same location each time. Recurring special events may be permitted up to one calendar year in advance.

 

Sec. 2-319. Special event permit; revocation and public safety cancelations.

 

(a) Revocation of special event permit.

(1) The special event coordinator may revoke a special event permit at any time if any of the following occurs:

(i) Violation of any provisions of this article, any term of condition of the special event permit, or other federal, state, or local law related to operation of the event;

(ii) Weather conditions render the special event unsafe; or

(iii) Operation of the special event constitutes a public nuisance or hazard to the public health, safety, or welfare, or otherwise is endangering the life or property of others.

(2) If a special event permit is revoked, the event must be immediately canceled and all activities related to the event be immediately terminated.

 

(b) Cancelation of a special event.

The chief of police or the fire chief, or their designees, may cancel and shut down any special event, without notice to the event organizer, when operation of the special event violates any provision of this article, any term or condition of the special event permit or other federal, state, or local law related to operation of the event, or threatens the public health, safety, and welfare. Grounds for cancelation include but shall not be limited to severe weather events, unruly or violent crowds, and crowds in excess of property capacity. The City shall not issue any refunds if an event is canceled and shut down pursuant to this section and the City shall not be liable for any additional expenses incurred by the event organizer as a result of cancelation.

 

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on October 28, 2015.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council