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HomeMy WebLinkAboutResolution No. 4314, revising Permit Fees for Parades and Public Assemblies.pdf1 COMMISSION MEMORANDUM REPORT TO: Honorable Mayor and City Commission FROM: Debbie Arkell, Director of Public Services Ron Dingman, Director of Parks and Recreation SUBJECT: Commission Resolution 4314, revising permit fees for parades and public assemblies, including public assemblies within public parks, and the schedule of service costs for parades and public assemblies MEETING DATE: April 25, 2011 MEETING TYPE: Action Item RECOMMENDATION: That the City Commission pass Resolution No. 4314, revising permit fees for parades and public assemblies, including public assemblies within public parks, and the schedule of service costs for parades and public assemblies. SUGGESTED MOTION LANGUAGE: I move that Resolution No. 4314, revising permit fees for parades and public assemblies, including public assemblies within public parks, and the schedule of service costs for parades and public assemblies, be approved. BACKGROUND: On March 7, 2011, the City Commission passed a motion on a vote of 3-1 to direct staff to draft a fee resolution that continues to assess a $35 non-refundable application fee for parade and public assembly permits, and increase the fee for said permits that require a street closure from $100 to $250 per street closure application per incident. The proposed Resolution: · Retains the $35 non-refundable application fee for all parade and public assemblies, including public assemblies within a public park, which do not require the closure of a street. · Establishes a $250 per event non-refundable application fee for all parades or other events that require a street closure. · Establishes that if additional police protection for a parade or public assembly is deemed necessary by the city manager, police protection shall be secured by the applicant at his/her sole expense. · Establishes clean-up deposits for a parade or public assembly shall be established by the City Manager or Director of Parks and Recreation on a case-by-case basis. 200 2 · Establishes deposits for the use of city signs and barricades shall be established by the City Manager on a case-by-case basis, and the applicant will be billed for the actual cost of repairing or replacing lost, unreturned, or damaged city equipment. The final reading of Ordinance Nos. 1798 and 1801 revising the regulations and approval of parade and public assembly permits, including public assemblies within parks, will be considered on April 25, 2011, prior to this item. Per 7-1-4127, MCA, notice of this fee hearing has been published in the Bozeman Daily Chronicle, and the Resolution has been made available in the City Clerk’s office for public review. FISCAL EFFECTS: The increased fees will help offset street closure costs associated with parades and public assemblies. In 2010, the 28 events that required city staff to close streets generated $2,800 in revenue. If these same events applied after the effective date of this Resolution, $8,750 in fees would be collected. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution No. 4314 Report compiled on April 14, 2011 201 1 of 2 COMMISSION RESOLUTION NO. 4314 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING PERMIT FEES FOR PARADES AND PUBLIC ASSEMBLIES, INCLUDING PUBLIC ASSEMBLIES WITHIN PUBLIC PARKS, AND THE SCHEDULE OF SERVICE COSTS FOR PARADES AND PUBLIC ASSEMBLIES. WHEREAS, the City Commission did, on the 2nd day of March 1998, adopt Ordinance No. 1458, establishing permits for parades and public assemblies and the public conduct during parades and public assemblies. Said Ordinance included public assemblies within public parks; and WHEREAS, on the 4th day of May, 1998, the City Commission adopted Commission Resolution No. 3235 establishing fees for parades and public assemblies, including public assemblies within public parks, a schedule of service costs for parades and public assemblies, and adopting a permit form; and WHEREAS, on the 25th day of April, 2010, the City Commission finally adopted Ordinance No. 1798 providing for revisions to Chapter 12.32 of the Bozeman Municipal Code relating to the regulations and approval of public assembly and parade permits; and WHEREAS, on the 25th day of April, 2010, the City Commission finally adopted Ordinance No. 1801 providing for revisions to Chapter 12.26 of the Bozeman Municipal Code relating to the regulations and approval of park permits; and WHEREAS, the Commission has found that many events that utilize public parks or require the closure of streets leave the parks, streets and adjacent sidewalks full of rubbish and debris, and that once the event is over, many organizers do not adequately clean up the area, leaving the debris for adjacent businesses and city staff to clean; and WHEREAS, the Commission has determined that event organizers must be held responsible for cleaning up after their events, and that a clean-up deposit can be required to ensure the event area is appropriately cleaned up; and WHEREAS, the Commission has determined that costs associated with closing public streets for private events should be increased; and WHEREAS, it has been determined that using the form established in Resolution No. 3235 for parades and public assemblies is not efficient nor does the form require all pertinent information, and that the 202 2 of 2 application forms should be able to be adjusted by staff as needed, rather than being a set form as prescribed by Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Applications for all parade or public assembly permit shall be made on forms established by staff. Section 2 Applications for public assemblies or other gatherings, walks, processions or similar events which do not require street closures, including public assemblies within public parks, shall be accompanied by a non- refundable fee of thirty-five dollars ($35.00) to cover administrative costs of processing the permit. Section 3 Applications for parades or other events which require street closures shall be accompanied by a non-refundable fee of two hundred fifty dollars ($250.00) per event. Section 4 If additional police protection for a parade or public assembly is deemed necessary by the city manager, police protection shall be secured by the applicant at his/her sole expense. Section 5 Clean-up deposits for a parade or public assembly shall be established by the City Manager or Director of Parks and Recreation on a case-by-case basis. All or a portion of the deposit will be returned to the applicant upon the City determining adequate cleanup occurred. Section 6 Deposits for the use of City signs and barricades shall be established by the City Manager on a case- by-case basis. The applicant will be billed for the actual cost of repairing or replacing lost, unreturned, or damaged city equipment. Section 7 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of April, 2011. _______________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________________ GREG SULLIVAN City Attorney 203 PUBLIC NOTICE HEARING ON FINAL APPROVAL OF COMMISSION RESOLUTION NO. 4341, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING PERMIT FEES FOR PARADES AND PUBLIC ASSEMBLIES, INCLUDING PUBLIC ASSEMBLIES WITHIN PUBLIC PARKS, AND THE SCHEDULE OF SERVICE COSTS FOR PARADES AND PUBLIC ASSEMBLIES NOTICE IS HEREBY GIVEN that, pursuant to MCA 7-6-4013, said Commission Resolution No. 4341 revising permit fees for parades and public assemblies, including public assemblies within public parks, is now on file with the City Clerk for a period of six days from the date of first publication; and that Monday, April 25, 2011, at 6:00 p.m. the Commission of the City of Bozeman, in the Commission Room, City Hall, 121 N. Rouse Ave., Bozeman, MT will hear and pass upon any objections of said Resolution No. 4341, subject to such corrections and amendments that may be made upon objections made and filed with the City Clerk as provided by law. Under the proposed Resolution, a $250 non-refundable application fee will be assessed for each event a parade or public assembly permit requires a street closure; a $35 non-refundable application fee will be assessed for all other parade and public assembly permits; and a deposit for the use of other city property and clean-up of the event may be required. Dated this 14th day of April, 2011. Stacy Ulmen, CMC City Clerk Legal Ad Publish: Sunday, April 17, 2011 Sunday, April 24, 2011 204