HomeMy WebLinkAbout26. 14-138MARCH 25, 2014 14 -138 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND SPECIAL EVENTS ORDINANCE PERTAINING TO
GROUNDS FOR DENIALS OF PERMITS (as recommended by
Special Events Review Staff)
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTIONS 5 -18
(VI)(D)(12) AND (13) TO INCLUDE ADDITIONAL GROUNDS FOR DENIALS OF SPECIAL
EVENTS PERMITS.
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Sections 5 -18 (VI)(D)(12) and (13) of the Oshkosh Municipal
Code pertaining to grounds for denial of Special Events permits are hereby created to read
as follows:
12. The City's anticipated costs associated with the event including, but not limited
to, extraordinary expenses, exceed the anticipated benefit of the event to the
community. Council may consider all relevant information in making this
determination including, but not limited to, those criteria identified in Sub-
section VI. D. of this Section.
13. It is reasonably anticipated that the Special Event use or activities intended by
the applicant will materially interfere with individuals or the general
community's use of public property or public rights -of -way in such a manner or
for a length of time to exceed the anticipated benefit of the event to the
community. Council may consider all relevant information in making this
determination including, but not limited to, those criteria identified in Sub-
section VI. D. of this Section.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage and publication.
MARCH 25, 2014 14 -138 ORDINANCE
FIRST READING CONT'D
SECTION 5. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #14 -XX A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTIONS 5 -18 (VI)(D)(12) AND
(13) TO INCLUDE ADDITIONAL GROUNDS FOR DENIALS OF SPECIAL EVENTS
PERMITS, on April 8, 2014. The ordinance would allow the Council when determining
whether to approve a special event permit to consider the anticipated costs of an event in
relation to the anticipated benefit of an event and whether a proposed special event can be
reasonably anticipated to interfere with individuals or community use of public property or
public rights -of -way in such a manner or for such a length of time to exceed the anticipated
benefit to the community.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone:
920/236 -5011.
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903 -1130 City of Oshkosh
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TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: March 20, 2014
RE: Ordinance to Amend Special Events Ordinance Pertaining to Grounds for
Denial of Special Events Permits
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During the review of the Special Events Process, potential disruption to individuals and
businesses, particularly businesses in the downtown area, were noted as areas of
;oncern. Staff recommended Council consider a potential amendment to the current
ordinance to more directly address these issues and to allow Council to specifically
consider the potential costs and disruption anticipated from an event when determining
whether to issue a special event permit.
ANALYSIS
As currently written, the special events ordinance provides only limited reasons an
event may be denied by the council. Currently there is not a specific provision for
Council to deny or for staff to recommend denial of an event that is poorly planned,
raises significant concerns about the event planner's ability to proceed with the event, or
for an event that could reasonably appear to create disruption or require expense that
does not appear to be balanced by its community benefit.
The current ordinance does allow staff to recommend denial or conditions based upon
health, safety or welfare concerns and /or upon the anticipated costs of holding the
event. See section VI. D. of the current ordinance. In addition, denials can be based
upon the failure of the applicant to complete the application, which may apply in some of
these circumstances. Staff could identify for the council the anticipated costs of the
event and allow council to weigh those costs against the community benefit of the event
under the current language. The ordinance would allow consideration of all costs, and
is not limited to extraordinary costs. While staff believes that there is benefit to the
current very objective criteria, staff also believes the criteria should be expanded as
there may be other instances when denial may be justified.
X
Staff believes that consideration should be given to amending the special event
ordinance to allow council to specifically consider the anticipated costs of an event in
relation to the potential community benefit of the event, including costs that may not
qualify as extraordinary costs under the ordinance. In addition, staff believes that
consideration should be given to the anticipated disruption that may be caused by an
event in relation to the event's community benefit when deciding whether to approve a
particular special event. In relation to determining the potential benefits of an event, the
proposed language includes reference to sub - section VI. D. of the code which lists the
considerations for waiving fees or costs and. includes such things as the benefit to the
quality of life, the financial benefit of an event, tradition of events, cultural or historical
significance among others.
FISCAL IMPACT
There is no anticipated direct fiscal impact from the proposed ordinance.
CONCLUSION
Staff recommends adoption of the ordinance.
Respectfully submitted,
ynn . Loir
City Attorney
Approved:
Mark A. Rohloff, City Manager