Title
Ordinance to Amend and Re-Enact Chapter 2 of the Code of the City of Hampton, Virginia Sections 2-313, -316, and -318 Regarding Requirements Associated with Special Event Permits
Purpose
PURPOSE/BACKGROUND:
To address recent concerns related to violations and denials of special event permits, staff is proposing the following amendments to the City’s Special Event Permits ordinance for Council’s consideration.
The proposed amendment to Section 2-313 would eliminate the eighteen-month ban as a penalty for violation of the ordinance. Instead, the amendments provide that failure to obtain a permit or failure to adhere to the terms and conditions of an issued permit are considered a violation of the ordinance and that if a person is convicted of a violation, they will be guilty of an unclassified misdemeanor punishable by a fine of up to $2,500. The proposed fine threshold provides flexibility for the court to determine an appropriate fine in each case, based on the circumstances of the violation. The proposed amendments to the Hampton ordinance do not provide for any jail time. The penalty would be limited to a fine, which would be imposed at the discretion of the court. No appeal to the City Manager is identified in this section since the decision to convict or not convict would be made by the court.
The proposed amendment to Section 2-316 would include an additional standard so that applicants who have been convicted of a violation within the preceding six months are not eligible to receive approval for a subsequent permit.
The proposed amendment to Section 2-318 would clarify the parameters for appeal of permit denials, including a timeframe for appeal and additional specificity regarding the City Manager’s standard of review on appeal.
The proposed ordinance includes a provision that would void any existing ineligibility decisions. This means that any applicant or organizer that is currently classified as ineligible due to a prior violation, will have such ineligibility status removed and the applicant or organizer will regain the right to apply for a future special event permit.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Adopt the Ordinance.
Body
WHEREAS, Virginia Code §§ 15.2-1427 and 15.2-1433 enable a local governing body to adopt, amend, and codify ordinances or portions thereof;
WHEREAS, Article XIII of Chapter 2 of the Code of the City of Hampton, Virginia (the "City Code") sets forth the application and review process for special event permits;
WHEREAS, the proposed ordinance amendments will modify the penalties for violation of Article XIII of Chapter 2 of the City Code and clarify the standard of review regarding the appeal of permit denials; and
WHEREAS, the City Council wishes to amend and update City Code for the foregoing reasons.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hampton, Virginia that the City Code is hereby amended and this ordinance is hereby enacted as follows:
1. Sections 2-313, -316, and -318 of the City Code be amended to read as follows:
Sec. 2-313. Special events; permit required; penalties for violation.
(a) Any person or organization desiring to hold a special event shall obtain a special event permit prior to operating a special event.
(b) The special event coordinator is authorized and directed to develop an application process for special event permits and procedures for reviewing special event applications, which shall be kept on file in the office of the special event coordinator.
(c) Failure to obtain a special event permit when required, or failure to comply with the terms and conditions of an approved special event permit, shall be considered a violation of this article. A person convicted of a violation under this article shall be guilty of an unclassified misdemeanor punishable by a fine of up to $2,500.00. Each day this article is violated shall constitute a separate offense.
. . .
Sec. 2-316. Special event permit; standards for application review.
(a) The special event coordinator is authorized to grant special event permits meeting all of the requirements of this article provided the following standards are met:
(1) The proposed event will not unreasonably interfere with the normal use of city property by the city or the general public;
(2) The proposed event does not present a safety or health risk to participants, spectators, the general public, or an environmental hazard;
(3) The proposed event is compatible with the surrounding area or neighborhood in consideration of anticipated noise, traffic, crowd capacity, and other similar factors;
(4) City resources necessary to support the proposed activity are reasonably available;
(5) The special event coordinator has received all licenses, fees, approvals, and materials required by this article within five (5) calendar days of the proposed event date; and
(6) The applicant has not previously been convicted of a violation of this article within the preceding six (6) months.
. . .
Sec. 2-318. Special event permit; grant or denial and recurring special events.
(a) After review of the special event permit application by the special event coordinator and special events committee, the special event coordinator may:
(1) Approve the special event permit with or without conditions if it meets the standards for approval set forth in this article; or
(2) Deny the special event permit if it does not meet the standards for approval set forth in this article. The special event coordinator shall apprise the applicant of the reasons for denial in writing. The applicant may appeal the decision to the city manager by submitting written notice of appeal to the city manager within ten (10) days of the notice of denial, specifying the reasons the applicant believes the decision of the special event coordinator denying a permit application failed to appropriately apply the standards for approval under this article. If the city manager determines that the decision of the special event coordinator did not appropriately apply the standards for approval under this article or that the requested permit could be approved subject to certain conditions, the city manager may reverse the decision, by approving the permit with appropriate conditions. Otherwise, the city manager shall affirm the decision of the special event coordinator.
(b) If the special event permit is approved, the special event permit application and related conditions and materials become binding upon the applicant as part of the special event permit and shall be enforced by the Hampton police division and special event coordinator.
(c) Recurring special events. The special event coordinator may, through the grant of a single special event permit, allow for a special event to occur on multiple dates when the event will be substantially similar each time and will occur in the same location each time. Recurring special events may be permitted up to one calendar year in advance.
2. Except as amended herein, all City Code provisions remain in effect.
3. As of the date of the adoption of this ordinance, any existing ineligibility decisions regarding the ability of an applicant, applicant organization, or property owner to apply for a special event permit shall be deemed null and void. Any applicant, applicant organization, or property owner that is currently classified as ineligible due to a prior violation, shall have its ineligible status removed immediately upon adoption of this ordinance, and shall be eligible to apply for a special event permit in accordance with the terms and conditions of Article XIII to Chapter 2 of the City Code.