§ 38-336. Permit processing and approval process.

(a)

The director shall process applications for special event, parade, and race permits in the order in which they are received, and shall notify the applicant in writing at the address provided by the applicant, of his decision no later than fourteen (14) days (excluding city holidays) following the date the completed application is received. First Amendment activities which require application for a permit not less than two (2) business days before the event shall be processed immediately, and the applicant notified of a decision forthwith. If the application is denied, the applicant shall be apprised in writing of the reason.

(b)

The director may deny an application, applying any of the following criteria and finding that:

(1)

Due to the time, duration, route or size of the special event, parade, or race, the proposed activity presents an unreasonable safety or health risk to participants, spectators, or the public; or

(2)

Due to the condition of the street or sidewalk, including scheduled construction or maintenance, the proposed activity presents an unreasonable safety or health risk to participants, spectators, or the public; or

(3)

Public safety resources to support the activity are not reasonably available; or

(4)

The conduct of the activity will unduly interfere with the proper fire and police protection of, or ambulance service to, all or part of the city; or

(5)

The activity will cause irreconcilable interference with a competing special event, parade, race, or other activities; or

(6)

Other special event, parade, or race permit requirements have not been met; or

(7)

The application contains a material falsehood or misrepresentation; or

(8)

The applicant or the person, group, or organization on whose behalf the application for permit was made has on one (1) or more prior occasions made material falsehoods or misrepresentations regarding the nature or scope of a special event, parade, or race previously permitted or has violated the requirements or conditions of a prior permit issued to or on behalf of the applicant.

(c)

A denied permit application may be resubmitted for review. An additional application fee will not be required if resubmitted within thirty (30) days. A resubmitted permit application is subject to the same criteria as an original application and any changes submitted by the applicant are not grounds for automatic approval.

(d)

Permit conditions. The director may condition the issuance of a permit by imposing reasonable requirements or conditions as are necessary to protect the safety and rights of persons and property and control of traffic, provided that the applicant's rights under the First Amendment are not denied thereby. In order to accommodate the rights of abutting owners and the needs of the public to use the streets and sidewalks, and to protect the safety of the event participants, the conditions may include but are not limited to reasonable adjustments in the date, time, route, and location of the proposed event; designation of parking areas, and assembly and dispersal locations; accommodations for pedestrian and vehicular traffic using the streets and sidewalks; limitations on the length and duration of the event; and the use of monitors, security personnel, or off-duty police officers. If emergency medical services and/or security services are desired, or required by the city, the applicant shall be responsible for obtaining and paying for those services.

(e)

Insurance. The applicant shall provide evidence of general liability insurance for a special event, parade, or race in amounts of five hundred thousand dollars ($500,000.00) for bodily injury or death to any person or persons, and fifty thousand dollars ($50,000.00) for damage to property. Such insurance policy shall include an endorsement naming the City of Newport News as an "additional insured." No such insurance shall be required for any special event or parade the primary purpose of which is the exercise of expressive activity and free speech as guaranteed by the First Amendment of the Constitution of the United States, or for any special event or parade which does not include vehicles, or which does not require a full or partial street closure.

(f)

Review by city manager or designee. Upon request made in writing to the city manager, a denied applicant shall be entitled to an informal meeting with the city manager, or his designee, to review the decision of the director. The meeting shall occur within five (5) business days of the receipt of the request unless there is mutual agreement to a different date. For denial of a permit involving First Amendment activities, the meeting shall occur no later than the end of the next business day. The city manager, or his designee, may affirm, reverse, or modify the director's decision.

(g)

Notice to various officials. Immediately upon the issuance of a permit under this section, the director shall send a copy thereof to the following:

(1)

The chief of police;

(2)

The fire chief;

(3)

The director of public works; and

(4)

Transportation division of the department of engineering.

(h)

Compliance with directions and standards. Every person to whom a permit is issued under this section shall comply with all permit terms and conditions and with all applicable regulations and laws. The special event, parade, or race chairman or other person responsible for leading the event shall carry the permit upon his person during the conduct of the event and show the permit when requested to do so. It shall be unlawful to violate any requirement or condition of the permit.

(i)

Public conduct.

(1)

Interference. No person shall hamper, obstruct, impede, or interfere with any special event, parade, or race or with any person, vehicle, or animal participating or used in such an event.

(2)

Driving through special events, races, and parades. No driver of a vehicle shall drive through or between the vehicles, persons, or animals comprising a special event, race, or parade except when otherwise directed by a police officer. This shall not apply to authorized emergency vehicles.

(3)

Parking on the parade or race route or the area of a special event. The director and the police department shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along the public streets or public rights-of-way constituting a part of the route of a parade or race or an area in which a special event will occur. The director may post signs to such effect. No person shall be in violation of this subsection for parking on an unposted street unless the person was personally notified by the director or the police department to move the vehicle.

(j)

It shall be a violation of this permit for participants in the permitted special event, parade, or race to:

(1)

Engage in stunt riding of motorized vehicles; and

(2)

Throw candy or other items into the crowd.

(k)

The granting of any permit under this article shall not eliminate any requirement for any other license or permit which may be prescribed by any other federal, state, or local statutes, ordinances, rules or regulations, or compliance therewith.

(Ord. No. 6846-12, § 1)

(Ord. No. 6846-12, § 1)