Policy 9-2 CITY COUNCIL PARADE AND ASSEMBLY POLICY


Prior to the adoption of CP 9-2 on 10/26/2010, Policy 9-2 read as follows.

COUNCIL POLICY NO. 9-2

DISTRIBUTION:    Mayor and City Council
            All Departments

SUBJECT:        CITY COUNCIL PARADE AND ASSEMBLY POLICY

PURPOSE:        To establish a uniform policy for the use of city facilities, personnel and equipment by organizations subject to the parade/assembly permit requirements of Lawton City Code.  Chapter 16, Article 4, Sections 16-4-3-431 through 16-4-3-443.

BACKGROUND:    The use of City facilities and the accompanying request for City assistance in the production of both public and private events has escalated through the years and it is becoming increasingly difficult for the City to provide support for all the events requested.  In addition, it is incumbent on the City to utilize citizen tax dollars to the best interests of all the citizens, while at the same time enhancing economic development, tourism and recreational activities to the fullest extent possible.

POLICY:        A.    General

1.    Not less than thirty (30) days prior to the date of an event, parade or assembly which will utilize any street or public property for the event, parade or assembly, such as. but not limited to, any parade, street fair, street dance, carnival, any event held in a City park not covered by a park usage contract (unless there is an accompanying request for City assistance such as personnel or equipment), peaceful demonstration, or any assemblage of a person(s) using a street, median or property that is City property, an application must be submitted by organization or party(s) to the City.  For use of Elmer Thomas Park or any portion thereof, including the state, a parade/assembly permit will be required in addition to the Elmer Thomas Park/Lake Helen Stage Lease Agreement.  The Parks and Recreation Director shall advise the applicant which portions of the parade/assembly permit application are required. The application fee will not be required if a lease agreement is in effect.  However, deposits for City provided services and equipment shall not be waived.

2.    This parade/assembly/sound amplification equipment permit application procedure begins at the Parks and Recreation Administration Office.  The application is obtained from and submitted to the Parks and Recreation Director for first review.

3.    An application will not be accepted by the Parks and Recreation Department until it is complete and all application fees have been paid.

4.    An application fee shall not be required if the event is an official event sponsored or co-sponsored by the City as shown by action of the Council.

5.    Failure to comply with any of the requirements of this policy shall cause the appropriate deposit to be forfeited in addition to the payment to the City of all required fees and costs for the City’s remedying the failure.

6.    City sanctioned events without charge are as follows:

a.    Arts For All Festival
b.    International Festival
c.    Holiday In The Park (Christmas)
d.    Cops and Kids Picnic
e.    Juneteenth Celebration
f.    Vietnam Veterans Awareness Day
g.    Armed Forces Day Parade
h.    Lawton Rangers Parade
i.    Veterans Day Ceremony
j.    Armed Forces Celebration at Elmer Thomas Park
k.    City of Lawton Housing Authority South Lawton Rally
l.    Other functions through the year that may be approved by the City Council and are either sponsored or co-sponsored by the City

B.    Requirements for permit application are as follows:

1.    Parade or assembly permits shall only be approved for events to be held between the hours of 8:00 a.m. and 11:00 p.m.

2.    All applications shall indicate the name of party(s) sponsoring event, and if an organization, the name of the responsible party; type of event or parade; location; beginning and ending date and time, including time required for set-up and tear down and clean-up; point of contact with reachable address and daytime telephone numbers.

3.    The estimated number of attendees.

4.    For a parade:

a.    the number of units in the parade;
b.    the estimated minimum and maximum speed;
c.    the interval between units in the parade;
d.    the name of all streets to be affected, including any cross streets that may need to be closed, and/or necessity of fully or partially blocking for assembly of the parade;
e.    the length in miles, or fraction thereof.

5.    Non-parade event.  If the request is for use of a park, part of a park, or other public property, the name of the park or location of the public property and other special assistance or property needed for assemblage or event.

6.    Specifically define requests for City assistance such as equipment or personnel.  There will be a charge which may include a deposit if the use of City equipment or personnel is authorized.

7.    A copy of a certificate of general liability insurance (the City of Lawton must be named an additional insured with party(s) for the assemblage/event) is required for any type of street parade and/or event for the following items:

a.    Sidewalk Only            Not Required
b.    Pavilion Only            Not Required
c.    Residential Block Parties    Not Required
d.    All Other Activities        General Liability in the amount of $125,000.00 per person, $1,000,000.00 per occurrence and $25,000.00 in property damage.

8.    A facilities damage bond as set out in Appendix B of the Lawton City Code.

9.    Sound Amplifying Equipment Permit.  If, after review, a sound amplifying equipment permit is determined to be required, the permit must be obtained by the applicant from the Chief of Police pursuant to Lawton City Code, Article 7-23.  The sound permit must be issued prior to the event taking place and the permit will become a part of the parade/assembly permit.  The limitations and restrictions placed on the sound permit shall be in accordance with City Code Section 7-2304.

10.    Solid Waste Collection.  An application for special event dumpster service must accompany the application for a parade/assembly permit if dumpster service is requested.

C.    Parks and Recreation Department.  Following submission of a completed application, the procedure shall be as follows:

1.    Permit is to be reviewed by Department Director to determine if the activities proposed may be allowed by a permit.  If City assistance is requested, fees and/or deposits that will be required to be paid prior to further processing of the application.  Permit is to be reviewed by the Parks and Ground Administrator.

2.    In the event the application is for an assembly requiring only the use of a City park or portion thereof and no City street, City equipment or City personnel will be required and the applicant does not request the closure of the park the general public, the Parks and Recreation Director may review and approve or non-approve the assembly permit.

3.    If the parade or assembly permit application does not qualify under Subsection B1, the Parks and Recreation Director will coordinate with all of the following departments: Fire, Police, and Traffic Engineer for recommendation on the approval or non-approval of the application.  Examples of this type of permit request would involve parades, processions, blockage of streets, street dances, carnivals, peaceful demonstration on sidewalks or medians or the closure of all or a portion of a park, etc.  The recommendation for approval or non-approval will be submitted to the Director of Community Services for final action.

4.    In the event the application is submitted less than thirty (30) days prior to the planned event, the application, prior to submission to the departments for review, will be forwarded to the Director of Community Services for immediate determination of whether to approve or non-approve a waiver of the time requirements.  The Director of Community Services may only waive the time of filing requirement if sufficient time exists for the proper review of the application.  If the event is totally contained in a park and no other City services are required, the Parks and Recreation Director may waive the thirty (30) day requirement.  Any deficiency in the application will cause denial of a waiver request.

5.    Once the Director of Community Services has taken final action on the permit, the permit will be returned to the Parks and Recreation Administrative Office.  Upon receipt of the completed and approved or non-approved permit, the Parks and Recreation Department will contact the applicant for official notification of approval or non-approval.  Upon the party(s) being notified, the party(s) is also informed that a copy of the completed assembly permit may be obtained at the Parks and Recreation Administration Office.

6.    If the requested permit is non-approved, the Parks and Recreation Department will notify the applicant of the procedures for appeal of the non-approval to the City Manager.

7.    After approval, the event is logged into the Parks and Recreation Department’s weekly event activity calendar and a copy of the fully executed permit will be forwarded to all affected departments and the Lawton Area Transit System (LATS).

Special Assistance – No Deposit Required

a.    Park mowed and trimmed;
b.    Set additional 55 gallon trash barrels in requested areas;
c.    Check electrical for safety and operational use;
d.    If restrooms are available, clean and provide supplies.

Special Assistance – Minimum Fee as set out in Appendix A, Section 19-702 of the Lawton City Code

8.    The Parks and Recreation Director shall receive, from any other furnishing departments, the actual costs for providing the assistance and the Director shall notify the permitee if the cost is greater than the deposit or required minimum fees of the additional cost and then shall receive payment.  Payments received shall be deposited in the general fund of the City.

** If the assemblage or event is a City co-sponsored assembly or event then that event or assemblage may be exempt of all deposits as listed above.

D.    Fire Department.  Following receipt of the application from the Parks and Recreation Department, the following actions will be taken:

1.    The Fire Chief, or his or her designee, will review the application to determine any potential public safety issues, including whether any special public safety permitting or on-site inspections will be required, including, but not limited to, fireworks display permits, Chapter 7, Article 7-11 of the Lawton City Code.

2.    In addition, the Parade/Assembly Permit will be reviewed for any special needs and/or requests for Fire Department manpower and/or equipment.  Approval of any Fire Department assistance will be based upon the availability of the equipment and the potential cost of fire personnel involvement, including, but not limited to, overtime expenses.

3.    When the Fire Department provides support to City sponsored or co-sponsored events there will be no charge.

4.    If, for public safety reasons, the Fire Chief, or his/her designee, deem it necessary to assist, to provide oversight, and/or to maintain an on site presence at a private event, the Fire Chief, or his/her designee, may authorize Fire Department involvement. However, such involvement event shall necessitate a charge to the individual/organization sponsoring the event.  The charge for service shall be based on those listed in the current fee schedule of the Lawton City Code, Appendix A for equipment. Manpower cost shall be the cost including any overtime costs associated with providing the needed fire personnel.  The Fire Chief shall advise the Parks and Recreation Director of the anticipated costs who will notify the applicant of the required deposit.

5.    Once the review of the Assembly/Parade Permit has been completed, the Fire Chief, or his/her designee, shall ensure copies of any pertinent information contained within the permit, are forwarded to the appropriate Fire Department Supervisor(s) to ensure coordination of requested resources and/or to coordinate potential emergency response during the event.

6.    The Fire Department will assist, as needed for public safety, other functions within the City that are privately sponsored. Any costs associated with this assistance will be assessed against the event sponsor.  The City Council may waive these costs if the assistance was unforeseen and was for public safety.

7.    Any privately sponsored event that requires fire presence shall pay the costs for overtime and equipment usage by the Fire Department unless otherwise stated.  The fees to be charged shall be as set out in Appendix A, Section 11-306 for assistance outside the City.  The minimum shall be based on ten miles and two hours of truck time.  The Fire Chief will advise the Parks and Recreation Department Director of the actual cost in complying with the request.

8.    The original Assembly/Parade Permit shall then be forwarded to the Police Department for their review.

E.    Police Department.  Following receipt of the application from the Fire Department, the following actions will be taken:

1.    The Police Chief, or his or her designee, will review the application for ordinance compliance, including any Sound Truck/Sound Amplification Equipment License requirements.

2.    The application(s) will be reviewed for any special needs or request for Police Department manpower or equipment.  The application requesting police manpower or equipment will only be approved depending on the availability of manpower and equipment.  If equipment and/or manpower or overtime are required, the Chief of Police will advise the Parks and Recreation Director of the anticipated cost, and who will also notify the applicant of the required deposit.

3.    The Police Department will support all City sanctioned events without charge.

4.    The Police Department will assist, as needed for public safety, other functions within the City that are privately sponsored. Any costs associated with this assistance will be assessed against the event sponsor.  The City Council may waive these costs if the assistance was unforeseen and was for public policy.

5.    Any privately sponsored event that requires police presence shall be subject to reimbursement cost for overtime by the Police Department unless otherwise stated.  A non-refundable deposit of $200.00 shall be required.  The Chief of Police will advise the Parks and Recreation Department Director of the actual cost in complying with the request.

6.    Funeral Procession.  Although a parade/assembly permit is not required for a funeral procession, the Police Department will furnish escorts for funerals when manpower is available.  A notice of at least twenty-four hours prior to a funeral will be required.  A funeral home will notify dispatch twenty-four hours prior to a funeral for an escort and a reminder call at least two hours prior before the funeral.  If an officer or Sentinel is available they will be dispatched to lead the funeral.

7.    The original Assembly/Parade Permit shall then be forwarded to the Public Works Department for their review.    

F.    Public Works Department.  Following receipt of the application from the Police Department, the following actions will be taken:

1.    The Public Works Director, or his/her designee, will review the application to determine any potential solid waste or traffic control issues.

2.    In addition, the application will be reviewed for any special needs and/or requests for Public Works Department manpower and/or equipment.  Approval of any Public Works Department assistance will be based upon the availability of the equipment and the potential cost of public works personnel involvement, including, but not limited to, overtime expenses.  The Public Works Director shall advise the Parks and Recreation Director of the anticipated costs, including dumpster rental and traffic control, who will notify the applicant of the required deposit.  A non-refundable minimum deposit of $200.00 shall be required, Section 17-31-1-3103, Lawton City Code.

3.    The Public Works Department will support City sponsored or co-sponsored events without charge.

4.    Solid Waste Collections.  Any applicant requesting dumpster service shall comply with the following procedures:

a.    The applicant will fill out a “Special Event Container Rental” form at the Revenue Services Department. The applicant will then submit the form with the application for a parade/assembly permit with the Parks and Recreation Department.  If the parade/assembly permit is approved, the request for dumpster service will be sent by the Parks and Recreation Department to the Solid Waste Collection Division for scheduling.

b.    The organization is responsible for requesting appropriate quantities of dumpsters to handle such event.  This includes, but is not limited to, dumpster size (i.e. 2, 4, 6, 8, or 20 cubic yard), number of dumpsters, number of dumps per day, and the number of days dumpsters are needed.

c.    Failure to request the appropriate number and size of dumpsters shall impose additional charges for special pickups of solid waste.

d.    Fees for the requested dumpster size and the number of dumps per day are listed in Appendix A, Section 22-142, Special Event of the Lawton City Code.

5.    Traffic Control.  Any applicant requesting the use of City streets shall comply with the following procedures:

a.    Each applicant must prepare and include a Traffic Control Plan at a scale that clearly identifies all affected streets, the extent to which these streets will be affected, and the measures being used to control traffic on these streets before, during, and after the event.  If the applicant desires City equipment and/or personnel to assist with traffic control measures the extent of the assistance will be indicated on the application.

b.    An affected street is defined as any street that will have its normal traffic flow impeded by the event. The extent to which a street will be affected could include increased traffic, lane closure, converting a street to one way, or complete blockage of the street.

c.    The Traffic Engineer will review the Traffic Control Plan to insure that it will provide a safe and efficient traffic pattern for all participants and non-participants. The plan should include, but is not limited to the following:

(1)    Blocked streets
(2)    Lane closures
(3)    Alternate routes
(4)    Parking/no-parking areas
(5)    Drop-off/pick-up areas
(6)    Times for set-up/break-down of temporary traffic control devices
(7)    Any other pertinent traffic control measures
(8)    Measures being used to control traffic could include the use of temporary signs to guide traffic, cones to channel traffic, barricades to block traffic, or the use of police to direct traffic.

6.    Following approval of the parade/assembly permit, the applicant/permitee shall provide and install their own temporary traffic control devices which must conform to the latest version of the Manual on Uniform Traffic Control Devices (MUTCD) and be inspected and approved by the Traffic Engineer prior to install.

a.    If the applicant chooses to have the City provide traffic control, the Traffic Engineer will review the Traffic Control Plan with the Traffic Control Field Supervisor, the Police Department, and any other necessary City departments to determine the appropriate number of personnel/officers, vehicles, temporary signs, cones, barricades needed to carry out the Traffic Control Plan and the cost of street sweeping following the conclusion of the event.  A deposit will be required, see above.

b.    If the applicant chooses to have the City provide the traffic control and labor and material to carry out their Traffic Control Plan, the applicant will be responsible for and be required to pay to the City the cost.

c.    Once the plan has been approved, the applicant shall provide the following organizations with the approved Traffic Control Plan.  Notification should be as soon as possible, but no later than seven calendar days in advance of the event:

KSWO TV
KLAW FM Radio
KMGZ FM Radio
Lawton Constitution
Lawton Area Transit System
Superintendent of Schools

The applicant should also consider providing a copy of the Traffic Control Plan to other television and news media organizations for broadcasting and publishing.

d.    All temporary traffic control devices, whether furnished by the applicant or the City, shall be staged in the vicinity that they are to be used no later than one hour prior to established set-up time.  The staging time may be increased depending on the extent of the set-up and will be determined during coordination with the Traffic Engineer, Traffic Control Field Supervisor and the Police Department.  The staging time will be shown on the permit.  Any additional provisions required for the end of the event will be shown on the permit.

e.    Once the event has concluded and all of the event traffic has departed the area, all temporary traffic control devices are to be removed promptly in order to return the traffic back to normal flow.  In the event of a parade, this period shall be extended to allow for the street sweepers to sweep the parade route.  This shall be the responsibility of the applicant unless arrangements have been made for City assistance.

REFERENCES:    Lawton City Code, Chapters 7, 16 and 19.

EFFECTIVE DATE:    This _____ day of ______________________, 2008.

RESPONSIBLE DEPARTMENT:    Parks and Recreation


__________________________________________
MAYOR