CITY OF SPRINGFIELD
IN
THE YEAR TWO THOUSAND
AN
ORDINANCE.
AMENDING TITLE 5 OF THE REVISED ORDINANCES OF THE CITY OF
SPRINGFIELD, 1986, AS AMENDED, BY ADDING A NEW CHAPTER 5.50
THERETO - STREET AND BLOCK FESTIVAL PERMITS
Be it ordained by the City Council of the City of Springfield as follows:
Title 5 of the Revised Ordinances of the City of Springfield. 1986, as
amended is
hereby further amended by adding the following new Chapter 5.50 thereto
as
follows:
Chapter
5.50
STREET AND BLOCK FESTIVAL PERMITS
6.50.010
Purpose and Intent
5,50.020 Permit
—Required.
5.50.030
Permit —Application
5.50.040 Permit
—Qualifications.
6.60.050 Permit
—Insurance, approvals.
6.60.060 Permit
—Contents.
5.60.070 Permit
—Display.
5.60.020 Permit
—Denial or revocation.
5.50.090 Violation
—Penalties.
5.50.010 Purpose and Intent.
A. It Is the
purpose and Intent of the city council to serve and protect the health, safety
and welfare of the general public by establishing a uniform set of rules and
regulation that are fair and equitable for the issuance of permits for street
and block festivals; to develop a system that will enhance the overall
appearance end environment along public streets, pedestrian ways, and other
public properties; to provide economic development opportunities to small
entrepreneurs in the city: and to promote stable system of granting a permit In
the city.
5,50.020 Permit—Required.
It's unlawful
for any person, group, unincorporated association, firm, or corporation to
conduct a street or block festival or it equivalent without a permit issued by
the director of the department of public works (hereinafter the
“director").
5.50.030
Permit —Application.
Application
for a permit to conduct a street or block festival shall be made to the director
on a-form furnished by the director and shall set forth under an oath, such
Information as the director may from time to time require.
B.
Application
for permit shall be made on later than thirty (30) days prior to the time for
the event is to take place and shall be accompanied by a nonrefundable permit
fee in the amount of one hundred dollars ($100.00).
5.50.0.40
Permit—Qualifications.
A. A
permit required by the chapter shall be only granted to philanthropic
enterprises or nonprofit groups only such as churches, synagogues, mosques,
civic associations, neighborhood councils, educational, or charitable
organizations, clubs or lodges, organized for fraternal or social purposes. No
such permit shall be issued to an individual.
B.
No permit required by this section shall be granted to any organization
which has had within the city a permit for a street or block festivals on two
separate occasions in the current calendar year.
C.
No
permit required by this chapter shall be issued for the conduct of street or
block festivals an more than two occasions In the current year at any one
location.
5.50.050
Permit---insurance—Approvals.
A. No permit
required by the chapter shall be Issued unless the following items have been
complied with:
1.
A certificate of insurance Is submitted naming the city as a co-Insured
in en amount not less than one hundred thousand dollars ($100,000) per person
and one million dollars ($1,000,000) per occurrence.
2.
The submission of written approvals of the building commissioner, the
chief of police, the chief of the fire department, the departments of health and
human services and the law department or their designees to the director.
3.
The applicant has deposit with the police department funds sufficient to
hire two (2) police officers for every one hundred (‘100) people who are
estimated to attend.
4.
The applicant must reside of the street that Is Intended to be closed,
except if the application is for a church, synagogue, masque, civic association,
neighborhood council, educational, or charitable organization, club or lodge
organized for fraternal or social purposes.
5.
Payment to the department of public works of a fee for the setup and dean
up of the street at the close of the festival.
6.
Applicant has provided copies of notices to all resident or business on
the street stating the date and time of the event, at the applicant sole
expense.
7.
No admittance fee may be charged at the street or block festival because
the street must remain open to the public and the area cannot be roped off to
deny access to the resident of the street.
5.50.060
Permit—Contests.
A.
The permit shall contain the name of the applicant, the applicant current
address, telephone number and proof of identity, e.g., a picture drivers license
of the applicant A brief description of the nature of the event, purpose,
address, and number of people estimated to attend. The date, time, hours,
location of the event and the name of the. organization conducting the event
Each such event shall not be for a duration of more than twelve (12) consecutive
hours, and must be conducted between the hours of 10:00 a.m. and 9:00 p.m.
B.
The permit required by this chapter shall be signed by the director, and
shall state the date and hours of the event. A copy of the permit shall be sent
to the chief of police, the fire chief, and the mayor’s office.
3.50.070
Permit—Display.
Any
permit issued in accordance with this chapter shall at all times during the
event be visibly displayed upon the premises.
5.50.080
Permit—Denial
or revocation—Appeals. A.
Any permit issued under this chapter may be denied or revoked for any of the
following reasons:
1.
Fraud, misrepresentation or knowingly false statement contained in the
application for the permit,
2.
Fraud, misrepresentation or knowingly false statement in the course of
carrying on the event;
3.
Conducting the event in a manner contrary to the conditions of the
permit:
4.
Conducting the event in such a manner as to create a violation of city
ordinances, rules of the road, or state
statues,
or creates a public nuisance, cause a breach of the peace, constitute a danger
to the public health, safety, welfare, morals, or interfere with the rights of
abutting property owners:
5.
When house of disaster, public calamity, riot, or other emergency, the
chief of police determines that the safety of the public or property requires
such denial;
6.
The use of, or the sale of any alcohol beverages In the street; or
7.
Cancellation of any other permit issued by the city permitting authority
due to uncorrected health, safety, or sanitation conditions.
B.
The director shall provide written notice of the denial or revocation of
a permit in a brief statement setting forth the complaint or the grounds for the
denial or revocation and notifying the pemittee of the right to appeal. Such
notice shall be by personal service or by mail to the address shown on the
permit application by certified mail, return receipt requested to the applicant
C.
if the city revokes a permit, the fee already paid for the permit may be
forfeited.
D.
If the director denies the issuance of a permit or revokes a permit, the
aggrieved party may appeal the director’s decision to the courts under Mass.
Gen. Laws ch. 3OA.§14.
5
50.090 Violation—Penalties.
A. Criminal
Disposition. Any person who violates a provision of this chapter is guilty of a
separate offense for each day during which the violation Id committed,
continued, or permitted. Each offense, upon conviction is punishable by a fine
of Three hundred donors ($300.00).
B.
Noncriminal Disposition. A
noncriminal disposition may penalize any person who violates any provision of
this chapter as provided for under chapter 1.16.010. The police department shall
enforce this chapter. The penalty for each violation shall be three hundred
dollars ($300.00) for each hour or part of an hour during which the violation is
committed, continued, or permitted.
Approved
as to Form:
___________________________
Associate
City Solicitor
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