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HomeMy WebLinkAbout2023-02-8760ORDINANCE NO. 2023-02-8760 AN ORDINANCE REPEALING CHAPTER 98, ARTICLE VI PARADES & ARTICLE VII GENERAL ASSEMBLIES OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY AND REPLACING THEM IN THEIR ENTIRETY WHEREAS, this Ordinance will repeal and supersede Chapter 98, Article VI Parades and Article VII General Assemblies of the Code of Ordinances of the City of Paducah, Kentucky, in their entirety; and WHEREAS, this Ordinance will replace these articles with a new Chapter 98, Article VI which will read as described below; NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH AS FOLLOWS: SECTION A. Chapter 98, Article VI, Parades and Article VII General Assemblies of the Code of Ordinances shall be repealed and replaced in their entirety as follows: ARTICLE VI. SPECIAL EVENTS See. 98-141. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Special Event means anv meeting, demonstration, picket line, rally, festival, carnival procession, parade, walk, autocade, bike ride, block party, fair, sporting event production fund raiser, gala, celebration, ceremony, race, tournament, activity,general assembly or other events of more than twenty-five (25) persons, which the general public is invited to participate or attend that is organized promoted conducted or sponsored by the cityperson corporation, partnership, company, association, organization, or other entity, and which involves the use of publicly owned leased or controlled property, including public parks facilities right- of-way, and/or city services. Special events shall also include the above-mentioned events held on private property or county owned property that require street closures or would have a direct impact on traffic congestion and flow to and from the event or which would appreciably impact the need for police, fire, or other public safety and emergency services. Applicant shall mean the authorized officer, employee, representative or agent of the organization or group who completes the application and who will be the primary contact for the special event. Organizer shall mean the person, business, corporation (profit or nonprofit) partnership, company, association, organization, or other entity responsible for the special event to be held. See. 98-142. - Permit Required Except as expressly excluded herein, no person, aaencv, organization, shall organize or conduct a Special Event on any public street, alley, sidewalk, park, or other public area unless such person, agency, or organization shall obtain a permit and comply with the provisions set forth in the policy created and administered by the City Manager and/or his or her designee. Additionally, no person shall participate in any Special Event unless a permit has been issued for the Special Event See. 98-143. - Exemptions. The provisions of this article shall not apply to: 1) Funeral processions generally and funeral/memorial services conducted within Oak Grove Cemetery; (2) A reserved public meeting facility utilized for its intended p=ose and occupancy such as a convention center, civic center, ballfields, City Hall or similar facility unless the event would have a direct impact on traffic congestion or which would require police, fire, or other public safety and emergency services. (3) Private or personal events such as family reunions and other gatherings not open to the public, which occur in public parks, unless said activity impacts traffic flow or the ability of others to utilize the park; and (4) Events and activities that do not anticipate more than twent-five (25) people in attendance at any one given period of time during the duration of the event, unless said activity impacts traffic flow or the ability of others to utilize theup blic space: and (5) A governmental agency acting within the scope of its functions. Sec. 98-144. - Administrative Policy The Board of Commissioners of the City of Paducah does hereby authorize and charge the City Manager with creating and maintaining a policy for the administration and oversight of Special Events in the City of Paducah not inconsistent with this ordinance. Sec. 98-145. — City Services & Support Costs The Board of Commissioners of the City of Paducah does hereby authorize the City Manager to set City service fees application fees clean-up fees and equipment fees for special events by administrative policy. Further, the City reserves the right to limit services and equipment based on availability, staff capacity and budget constraints. Sec. 98-146 Liability Insurance Requirements At a minimum, the City shall require all Special Event nermit holders to obtain liabilit insurance with coverage of at least $1,000,000. The events permit holder shall be required to name the City of Paducah as an Additional Insured on the Certificate of Insurance The City may require higher levels of insurance based on risks factors related to each individual event SECTION B. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION C. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION D. Effective Date. This will become effective upon summary ATTEST`: Q CLIX� 'City Clerk Introduced by the Board of Commissioners, January 24, 2023 Adopted by the Board of Commissioners, February 14, 2023 Recorded by City Clerk, February 14, 2023 Published by The Paducah Sun, February 17, 2023 \ord\98 — Special Events Ordinance Update 2023 shall be read on two separate days and Chapter 424.