Atlanta › Code of Ordinances — Part II (General Ordinances)
Chapter 142 — Outdoor Events
§ 142-1
Title.
Sec. 142-1. Title.
This chapter shall be known as the "Outdoor Events Chapter." (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-2
Definitions.
Sec. 142-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a)Applicant means the individual requesting a permit for an outdoor event, and the organization, corporation, or other group on whose behalf the individual is requesting the permit.
(b)Application means a written request on a form or forms supplied by the special events manager that sets forth the information required to be provided by this chapter.
(c)Application fee means the non-refundable fee paid in connection with an application made pursuant to this chapter.
(d)Banner means a long strip of cloth, paper, or other potentially flammable material hung from or attached to an object, used for decoration, advertising, or to provide information.
(e)Chief of staff, unless otherwise designated by the mayor, refers to the chief of staff of the office of the mayor.
(f)City means the City of Atlanta.
(g)City representative means any city official or employee providing input to the office of special events regarding whether a particular applicant shall be granted an outdoor event permit.
(h)City-sponsored event means an outdoor event that meets one of the two following criteria:
(1)An outdoor event that is executed entirely by the city and/or its con-tractors and/or consultants, and that is fully financed by the city and/or by sponsors obtained by the city; or
(2)An outdoor event:
(a)that is executed entirely by an entity that assumes complete or partial responsibility for maintaining and/or improving a city park or facility for one year or greater at no cost to the city, pursuant to a written agreement with the city, or an outdoor event that is executed by said entity's contractors and/or consultants; and
(b)where all of the net proceeds from the outdoor event are utilized by the entity to perform maintenance and/or improvement of a city park or facility.
An outdoor event application must indicate whether the applicant deems the event to be city-sponsored, and if so, must provide a written explanation of how the outdoor event meets one of the two criteria set forth in this subsection (h). The chief of staff shall review the written explanation and shall be the final decision maker as to whether the outdoor event is approved as being city-sponsored. Where the chief of staff determines that the outdoor event meets one of the criteria set forth in this subsection (h), s/he must approve the outdoor event as city-sponsored. Where the chief of staff determines that the outdoor event does not meet either of the criteria set forth in this subsection (h), s/he must deny the outdoor event's request of being deemed citysponsored.
(i)Emergency services and fire safety plan means a plan submitted by the applicant setting forth its plans for providing emergency services, including fire suppression, fire safety, and emergency medical services, to public property and private prop-erty, and to performers, entertainers, exhibitors, speakers, attendees, or other persons at the outdoor event.
(j)Fee or fees, where the term is not specified as being a particular type of fee, means the amount of money required to be paid by an applicant pursuant to this chapter for the issuance of a permit. Examples of such fees include, without limitation, the application fee, permit fee, and subpermit fee.
(k)Gated park event means an outdoor gathering that is located in a city park and that is gated, thereby closing a portion of the park to the public and excluding members of the public, and for which a ticket and/or admission fee is required to attend the gathering.
(l)Host is the person, either on behalf of her/himself, or on behalf of an organization, corporation, or other group, who will be in charge of the outdoor event and will be responsible for the conduct that occurs during the outdoor event.
(m)Outdoor event means any gathering of people that occurs completely or partially outdoors, that occurs on public property and/or private property, that is not a gated park event, as defined above, and that either:
(1)Lasts for 90 or fewer consecutive days; or
(2)Lasts for 13 or fewer consecutive weeks, where the outdoor gathering occurs on no fewer than three days out of each consecutive week; or
(3)Is a series.
(n)Overnight event means a permitted large gathering or outdoor festival (as defined in this chapter 142), or any portion of a permitted large gathering or outdoor festival that occurs in a city park after 11:00 p.m. and prior to 6:00 a.m., and that meets the criteria set forth in section 110-75(c) of this Code of Ordinances. Where the outdoor festival or large gathering begins prior to 11:00 p.m. and/or contin-ues after 6:00 a.m., the "overnight event" shall be only that portion of the festival or gathering that occurs between 11:00— 6:00. The term "overnight event" does not include outdoor festivals or large gatherings that occur at the Outdoor Activity Center or Lake Allatoona.
(o)Permit means the written authorization from the city allowing an applicant to hold the outdoor event or perform the function for which s/he filed an application.
(p)Permit fee means the amount of money required to be paid pursuant to this chapter for the issuance of a permit to hold an outdoor event, where such fee shall be assessed so that the city can recover the direct and indirect costs associated with the outdoor event, but the permit fee shall not exceed the administrative costs of regulation.
(q)Private property means all property that is located within the boundaries of the city, except for property that is owned by the city or by a governmental entity that is not required to adhere to the city's laws.
(r)Public property means property that is owned by the city.
(s)Restoration means the work required after an outdoor event to bring city property to the condition it was in immediately prior to the outdoor event. Restoration includes but is not limited to trash collection and general clean-up services where such services exceed one hour, repairing damaged property, and/or replacing damaged items or property if the chief of staff finds that such replacement is necessary. Restoration includes work performed only if the work arises from the outdoor event, though it shall not include work necessitated by the presence or actions of counterdemonstrators.
(t)SEM shall mean the special events manager of the office of the mayor.
(u)Series means a sequence of gatherings occurring on fewer than three days per week of consecutive weeks for no longer than two months, where each gathering occurs completely or partially outdoors on public property or private property, involves identical activities at an identical location, and where each gathering, if considered alone, would meet the definition of a Class D or E outdoor festival, as defined in section 142-51 and 142-59 of this chapter.
(v)Solid waste fee means the amount of money to be paid by an applicant to reimburse the city for solid waste services provided for an outdoor event.
(w)Sub-permit means any permit or written approval that authorizes some component of an outdoor event, such as, but not limited to, an electrical permit or an alcohol permit. The full list of sub-permits is set forth in article IV of this chapter.
(x)Supplemental services means those services that are provided by the city because a host fails to provide the services set forth in her/his permit application or subpermit application(s), including without limitation adequate ambulance coverage. In addition, supplemental services means those services that are provided by the city because a permitted outdoor festival is larger than anticipated, such that the class of outdoor festival permitted is smaller than the class of outdoor festival that actually occurred. Supplemental services include services that are provided by the Atlanta Fire Rescue Department and/or the Atlanta Police Department because the activities of the outdoor event, including without limitation the activities of an outdoor event vendor(s), violate city, state, or federal law, including without limitation the city's fire code. Supplemental services also include those services that are provided by the city because a host fails to meet the requirements of the outdoor event permit or related sub-permits, including without limitation time of ending the outdoor event, time of loading out all outdoor event equipment, and timely removal of portable restrooms.
(y)Supplemental services fee means the total cost that a host or applicant must pay to reimburse the city in full for the city's expenditures for supply of supplemental services, as defined above.
(Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 201362(13-O-1243), § 2, 11-27-13)
§ 142-3
Scope.
Sec. 142-3. Scope.
(a)The outdoor events chapter is intended to be the framework within which all outdoor events held in the city are approved and regulated. The outdoor events chapter applies to all outdoor gatherings located within the city, regardless of whether the gathering is held on public property or private property, except that the requirements of the chapter do not apply to those outdoor gatherings discussed in subsections (d), (e), (f), (g), and (h) below. The outdoor events chapter does not apply to events that are being held exclusively indoors.
(b)It shall be unlawful for any person or organization to hold an outdoor event without complying with the procedures set forth in this chapter, except that where an event is citysponsored, as determined by the chief of staff, the requirements of this chapter regarding payment of fees, timing of application submission, insurance and indemnification shall not apply.
(c)Additional outdoor event operating guidelines, policies and procedures may be developed and adopted administratively and enforced by the city.
(d)Outdoor gatherings with a duration of greater than 90 consecutive days, or outdoor gatherings with a duration of greater than 13 consecutive weeks, where the gathering occurs on at least three days of each consecutive week, shall not be deemed an outdoor event. Such outdoor gatherings, if located on public property or private property, require a special use permit, which is obtained from the city's bureau of planning. Where said gathering requiring a special use permit occurs in a city park, the bureau of planning shall work collaboratively with the bureau of parks to determine whether a special use permit should be issued.
(e)A gated park event shall not be deemed an outdoor event for purposes of this chapter. Gated park events shall be regulated by the commissioner of the department of parks, recreation, and cultural affairs, in consultation with the police chief and the fire chief. The commissioner of the department of parks, recreation, and cultural affairs shall approve only those gated park events that certify that they will not deny admission to the gated park event on the grounds of race, color, creed, religion, gender, domestic relationship status, parental status, familial status, sexual orientation, national origin, political affiliation or gender identity. In addition, the host of a gated park event will need to submit plans to the Atlanta Fire Rescue Department to receive a maximum occupancy, will need to have an internal security plan (as defined in City Code section 142-51) approved by the police department, and will need to obtain any applicable sub-permits set forth in article IV of this chapter.
(f)The requirements of this chapter shall not apply to the use of a sports facility located on city property, including without limitation a ball field, tennis court, pool, or golf course, for the purpose for which the facility was intended, as reasonably determined by the commissioner of the department of parks, recreation, and cultural affairs. Rules regarding the use of such sports facilities, including making reservations for the facilities, shall be established in writing by the commissioner for the department of parks, recreation, and cultural affairs, and said rules shall be placed in the department's policies and procedures manual, provided to the SEM, and provided to the public upon request.
(g)The requirements of this chapter shall not apply to events being held exclusively on a college or university campus. City right-of-way, regardless of its location, shall not be deemed to be part of a college or university campus.
(h)The requirements of this chapter shall not apply to any event being held exclusively on any of the following city-owned properties, because the properties are the subject of a lease or management/operating agreement with a private party, and the lease or agreement contemplates the private party's ability to hold outdoor events on the property: The Chastain Amphitheater; the Chastain Horse Park; the Atlanta Botanical Garden; the Atlanta Zoo; the Piedmont Park Multipurpose complex; any other city-owned property that is the subject of a lease or management/ operating agreement, whereby the lease or agreement explicitly exempts outdoor events on the property from the requirements of the city's outdoor events chapter.
(i)Nothing in this chapter shall be construed as repealing other sections of the Atlanta Code of Ordinances requiring the application for and issuance of permits or licenses. Those permits or licenses must be applied for separately in accordance with the Atlanta Code of Ordinances and other applicable laws. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-4
Purpose and intent.
Sec. 142-4. Purpose and intent.
The City of Atlanta finds that an ever-increasing number of demands are being made upon city resources and infrastructure by applications to hold outdoor festivals and other outdoor events in the city streets, sidewalks, and parks. In addition, large outdoor gatherings on private property require the deployment of city resources. In order to conserve and allocate the city's resources, both in terms of personnel and of the natural areas and infrastructure, and to adequately protect public safety and the safety, health and welfare of outdoor event participants, neighboring property owners, residents and businesses, the city finds that it is necessary to regulate the use of the city's parks and streets by those desiring to hold outdoor events on public property, and to regulate large outdoor events on private property.
The intent of the city in adopting this outdoor events chapter is to insure that the city will have adequate advance notice of outdoor events. The city also wishes to work cooperatively with the applicant in order to properly plan for and allocate the city services that will be needed, such as security, solid waste and traffic control. The intent is also to insure that the city's parks are protected from extreme wear and tear, by limiting the number and type of events held in parks. To this end the city has authorized the creation of festival districts, so that the burden of providing a venue for outdoor festivals does not fall disproportionately upon certain districts to their detriment.
It is also the intent of the city, and the purpose of this chapter, that, insofar as is possible, the costs to the city in providing services to outdoor festivals are recouped, although it is not the intention that the cost of outdoor festival permit fees be used for revenue production. The city desires to promote and encourage events for the greater good and cultural diversity of the city, and to abate the cost thereof, where the amount of the abatement shall be determined regardless of content, message or host, in accordance with the terms of this chapter. The costs to be recouped for outdoor festivals include, but are not limited to: personnel, equipment and supplies, wastewater, utilities, park and public right-or-way mainte-nance (including long-term degradation), and park monitoring. The city also intends to recoup a small percentage of the city's administrative costs for other outdoor events.
Lastly, the intent of this chapter is to simplify the process that the public uses to obtain outdoor event permits. The outdoor events chapter requires all applicants to provide all application information to the SEM only, regardless of the type of outdoor event being held. If approval is required from other city departments prior to granting the permit, it shall be the responsibility of the SEM to obtain that approval or disapproval. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-5
Responsible city department.
Sec. 142-5. Responsible city department.
The SEM shall be responsible for overseeing the issuance of all outdoor event permits. For a park facility reservation permit (section 142-102) or a large gathering that occurs in a park (section 142-104(b)), an applicant shall provide all information and items necessary to receive an outdoor event permit to either the SEM or the department of park, recreation, and cultural affairs. For all other outdoor events, the applicant shall provide all information and items necessary to receive an outdoor event permit to the SEM, with the exception of information required to obtain an alcohol license, as set forth in section 142-32(c) below. The specific types of outdoor events, and the information required for the permitting of each, is set forth in the remaining articles of this chapter. The SEM shall also be responsible for carrying out the other functions of this chapter, including but not limited to processing the application and maintaining any records or forms needed for such processing. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-6
Penalties for violations of this chapter.
Sec. 142-6. Penalties for violations of this chapter.
Any person or organization violating the requirements of this chapter 142 shall be subject to the following penalties:
(a)Any person who shall conduct, host, or sponsor an outdoor event for which a proper permit has not been obtained, shall be responsible for paying all costs that would have been owed had the outdoor event been permitted or properly permitted. The chief of staff shall determine what type of outdoor event occurred based upon observations of a member of the Atlanta Police Department who observed the outdoor event. The chief of staff shall issue a bill for the total amount owed, and the bill shall be paid in full within 30 days of receipt of the bill. The bill shall include:
(1)An amount equivalent to what the person would have been assessed for the issuance of an outdoor event permit as set forth below in this chapter. The assessment shall be equivalent to the sum of: (a) the application fee; (b) the appropriate permit fee based upon the type of outdoor event, and based upon the number of persons attending the outdoor event, but only if such factor is normally a factor in determining the permit fee for the type of outdoor event that occurred; and (c) the subpermit fee(s) if applicable. For purposes of determining the amount of attendees at the outdoor event, such determination shall be made by the chief of staff, based upon observations of a member of the Atlanta Police Department who observed the outdoor event; and
(2)The cost of solid waste services, maintenance services, services required to remove human waste and refuse, supplemental services, and other restoration services.
(3)An amount equivalent to the cost of providing the number and quality of off-duty law enforcement officers and private security guards that would have been required for the outdoor event, if any. If the outdoor event is an outdoor festival, the number and quality of required off-duty law enforcement officers and private security guards shall be determined as set forth in section 142-55 below.
The cost of hiring these officers and guards shall be determined by the Atlanta Police Chief. In doing so, the Atlanta Police Chief or her/his designee shall contact a company licensed by the State of Georgia Board of Private Detective and Security Agencies, that employs such security officers, and gather the cost of contracting for such officers from the company at the time of the outdoor event.
(4)An amount equivalent to the cost of providing the number of fire marshals that would have been required for the outdoor event, if any, as determined by the Chief of the Atlanta Fire Rescue Department. In addition, the bill shall include the cost of any violations of the Atlanta Fire Code arising from the outdoor event, as determined by the Chief of the Atlanta Fire Rescue Department, or her/his designee.
(b)Any person who shall conduct, sponsor, host, or promote an outdoor event for which a permit has not been obtained as required by this article, shall have committed and may be charged with a misdemeanor. Upon conviction such person shall be subject to the penalties set forth in section 1-8(c) of this Code of Ordinances.
(c)Any host who fails to abide by the terms of the permit, or any related sub-permit, and who fails to correct her/his deviation from said terms upon oral or written notice by the city, shall have committed and may be charged with a misdemeanor. Upon conviction such person shall be subject to the penalties set forth in section 1-8(c) of this Code of Ordinances.
(d)Any person who shall fail to timely pay the bill described in subsection (a) of this section shall have committed and may be charged with a misdemeanor that shall be continuous with respect to time for each day that the bill is not paid. Each day that the violation continues shall be deemed a separate offense, and upon conviction, the person shall be subjected to the penalties of section 1-8(c) of this Code of Ordinances for each offense.
(e)The provisions of this section 142-6 shall apply to any person who obtains a large gathering or private large gathering permit, as defined below in sections 142-103 and 142-115 respectively, or any other type of outdoor event permit, other than an "outdoor festival" permit, (as defined below in section 142-51(h)), where the outdoor event actually has more than 250 attendees on public property, or more than 500 attendees on private property, and meets the requirements set forth in sections 1, 2, 4, 5 and 6 of the definition of outdoor festival; except that the failure to obtain an outdoor festival permit shall be deemed a misdemeanor only if the person obtaining the outdoor event permit should have reasonably expected that the number of attendees would exceed 250 people on public property or 500 people on private property. For events that are publicized to the general public by fliers and/or radio advertisements and/or other types of advertisements, the person obtaining the outdoor event permit will automatically be deemed as having a reasonable expectation that the number of attendees would exceed 250 people on public property or 500 people on private property.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-7
Timeframes and deadlines.
Sec. 142-7. Timeframes and deadlines.
Where a timeframe or deadline established in this chapter results in an item being due on a weekend day or holiday, the item shall be due on the business day immediately following said weekend day or holiday.
The timeframes and deadlines established in this chapter that pertain to the city only, and not to the public, are administrative timeframes and deadlines only. In the event that one of these inner-city timeframes or deadlines is violated, such violation shall not impact the rights or remedies of a citizen or other person outside of city government. (Ord. No. 2006-66, § 15, 9-26-06)
Secs. 142-8—142-10. Reserved.
ARTICLE II. APPROVAL AND DENIAL OF OUTDOOR EVENT APPLICATIONS
§ 142-11
Submission of application by applicant/authority and responsibilities of the SEM once application received.
Sec. 142-11. Submission of application by applicant/authority and responsibilities of the SEM once application received.
(a)Except as otherwise provided in this chapter, the chief of staff shall be charged with the responsibility and authority to determine whether a particular applicant shall be granted an outdoor event permit in the time, manner and place proposed; whether the proposed time, manner, and place of the outdoor event must be modified, according to criteria established by this chapter; or, whether such permit shall be denied altogether. Where this chapter requires other city representatives to approve the application before the permit is granted, the SEM shall be responsible for obtaining that approval or disapproval.
(b)An applicant shall timely provide all information required for obtaining a permit to the SEM, except that:
(1)Where an outdoor event requires an alcohol permit, and the alcohol server does not already possess an alcohol license, the alcohol server will need to obtain an alcohol license from the Atlanta Police Department; and
(2)Applications for a parks facility reservation, as defined in section 142-102 below, and/or a large gathering, as defined in section 142-103 below, to be held exclusively in a city park, can be submitted either to the SEM or to the bureau of parks. In those instances where such applications are submitted to the SEM, the SEM shall forward the entire application to the bureau of parks for handling, processing, and issuance of a permit where appropriate, except that sub-permit applications shall be retained and processed by the SEM, with a copy of the sub-permit applications sent to the bureau of parks for informational purposes only. Where parks facility reservations and/or park large gathering permits are issued on a first come, first served basis, the time that an application is received shall be based upon the time that the application is received in the bureau of parks only. When such applications are submitted to the SEM, the SEM must forward the application to the bureau of parks within one business day of receiving the application. After the application has been fully processed by the bureau of parks, the entire application package shall be sent to the SEM for informational and calendaring purposes, and the SEM shall maintain the outdoor events file.
(c)Where an outdoor event requires one or more sub-permits prior to the issuance of the outdoor event permit, other than the alcohol license as described in subsection (b)(1) of this section, the applicant shall provide all sub-permit information to the SEM, or to the bureau of parks in circumstances described in sections 142-102 and 142-103(b)(2). If the applicant provides all of the sub-permit information to the SEM, or to the bureau of parks where appropriate, within the time frames set forth in this chapter, the SEM shall be responsible for forwarding the subpermit information to the city department(s) responsible for issuing the sub-permit, and said city department(s) shall forward the sub-permit, or notice of denial of the sub-permit, to the SEM. The SEM shall provide all of the relevant information and her/his recommendation to the chief of staff. If the applicant fails to meet the time frames set forth in this chapter, the chief of staff shall deny the sub-permit.
(d)Where an outdoor gathering occurs during only one or two days of a week for consecutive weeks, unless it is a series, each non-consecutive day shall be deemed a separate outdoor event, but the applicant shall be required to file only one application and pay only one application fee for the entire sequence of outdoor events. The se-quence shall be deemed over when there is a break in consecutive weeks, or when the sequence has lasted for 13 weeks, whichever is earlier. The applicant must pay an outdoor event permit fee and applicable sub-permit fees for each separate outdoor event. A series shall be treated as one outdoor event, and the applicant shall be required to file one application and pay one application fee, one permit fee, and one sub-permit fee for each applicable sub-permit.
(e)After reviewing the comments and/or decisions from all of the city officials, employees, departments and/or bureaus from whom this chapter requires such feedback, the chief of staff shall approve the permit, deny the permit, or approve the permit with modifications or upon conditions, as set forth in this chapter. If the application is approved, the chief of staff, in consultation with the heads of affected departments, or their designees, shall impose restrictions or conditions as to time, manner and place, if the chief of staff deems such restrictions as necessary. These modifications shall be made when the chief of staff and the affected departments, based upon review of the application, find compelling reasons related only to public safety, health, or the environment, or to scheduling conflicts with other permitted uses at the time or place requested. The modifications shall not be based on any of the factors set forth in subsection 142-12(b) below. The chief of staff may deny a permit based only upon the grounds set forth in this chapter, and in particular, section 142-12 below. In no event shall permit denial be based on any of the factors set forth in subsection 142-12(b) below.
(f)For any outdoor event whose application is due at least 30 days prior to the outdoor event, with the exception of outdoor festivals, the chief of staff shall notify an applicant in writing of her/his determination regarding the application within 15 business days after receipt of the application, but in no event later than five business days before the date of the outdoor event. For any outdoor event whose application is due less than 30 days prior to the outdoor event, the chief of staff shall notify an applicant in writing of her/his determination regarding the application no later than five business days before the date of the outdoor event or three business days after receiv-ing the application whichever is later. For outdoor festival applications, the chief of staff shall notify the applicant in writing of her/his determination within 90 days after the receipt of the application, but in no event later than 45 days before the date of the outdoor festival. A notification shall inform the applicant of whether the applicant has been granted a permit to conduct an outdoor event without modifications to the outdoor event proposed on the application; granted a permit to conduct an outdoor event with modifications as to time, manner, or place, or with other restrictions or conditions; or has been denied a permit to conduct an outdoor event. Where the permit has been granted with modifications, the notification shall state clearly the terms of the conditions, restrictions and/or modifications.
(1)Procedure when outdoor event permit is approved:
(A)After the chief of staff approves the issuance of a permit, the applicant may obtain such permit by agreeing to accept any classification and/or conditions imposed in accordance with this chapter, including but not limited to payment of the applicable permit fee and any other fees required pursuant to this chapter.
(B)The applicant must have the permit, and all sub-permits, if any, present at the outdoor event during the entire duration of the outdoor event, including but not limited to set-up and clean up. Failure to abide by this provision may result in the city's, including but not limited to any Atlanta Police Department Officer's, revoking the permit and/or any subpermit.
(2)Procedure when outdoor event permit request is modified or permit is denied: When the chief of staff denies a permit, s/he shall set forth in writing the reasons for such denial in as much detail as possible. When the chief of staff modifies a permit application, s/he shall, if requested by the applicant, state in writing on the permit the reasons for the modification in reasonable detail. A modification, denial or revocation based upon inadequate police resources, as described in subsections 142-12(a), (b)(3) and (i) below, shall state with specificity the reasons for the chief of staff's opinion, giving as much detail as is possible. In denying the permit, or in granting the permit with modifications, the chief of staff shall abide by the provisions of section 142-12(b) below. Where a permit for an outdoor festival is denied or modified, the chief of staff or her/his designee shall forward a copy of the written determination to the councilmember(s) of the affected district.
(g)Appeals.
(1)Any aggrieved applicant shall have the right to a hearing before the mayor or her/his designee, provided that the request for such hearing is made to the mayor within five business days after the applicant's receipt of the chief of staff's determination. The designee may be a hearing officer appointed for that purpose. The person conducting the hearing must be impartial, and must have had no involvement in the chief of staff's determination.
(A)Where the chief of staff's determination notice is given only by mail, the mayor shall presume that the notice was received three business days after the mailing. Determination notices given in person, hand-delivered to the applicant's address, or sent by facsimile transmission or e-mail shall be presumed to have been delivered on the date given or sent.
(B)Should the mayor or her/his designee believe that the chief of staff's modification or denial of the permit was based on public safety reasons, s/he shall refer the appeal to the chief of police or the fire chief, as appropriate. In such situation, the aggrieved applicant shall have a right to a hearing before the chief of police or her/his designee, or the fire chief or her/his designee, as the mayor or her/his designee deems appropriate. The person conducting the hearing must be impartial, and must have had no involvement in the chief of staff's determination.
(2)Appeal hearings shall be held within seven business days after the mayor's receipt of the request for a hearing. The hearing may be continued at the request of the applicant or to allow the attendance of any necessary party or witness, but only from day to day.
(3)The appeal hearing shall be de novo. The person conducting the hearing shall evaluate the application and the chief of staff's decision in accordance with the criteria of this chapter.
(4)Appeal hearings shall be informal.
(5)The person conducting the appeal hearing may issue her/his decision verbally at the conclusion of the hearing, and shall issue a written decision within five business days thereafter.
The decision shall affirm or modify the chief of staff's determination. In addition, if the applicant is appealing the denial of a permit, the hearing officer shall have the right to reverse the chief of staff's determination and either grant the permit, or grant the permit with conditions.
(6)The written decision of the person conducting the hearing shall be the final decision of the city in the matter, and shall be subject to review by the Superior Court of Fulton County by a petition setting forth an appeal and naming the City of Atlanta as the defending party. The city shall expedite its response to such petition so as to allow the provision of a judicial determination of the matter no later than ten days prior to the date of the outdoor event, if possible.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-12
General considerations regarding approval, denial, or revocation of an outdoor event permit.
Sec. 142-12. General considerations regarding approval, denial, or revocation of an outdoor event permit.
In determining whether to approve a permit, including but not limited to the time, manner and place requested, whether to approve the permit with modifications as to time, manner and place, or whether to deny the permit altogether, the chief of staff and any other city representative evaluating the application, shall be guided by the following criteria:
(a)Except as set forth in section 142-102:
(1)when there are competing outdoor event applications that are substantially for the same time and place, where both cannot logistically occur together, or
(2)when there are competing outdoor event applications that are substantially for the same time and place, each of which requires police coverage over and above the police coverage that would normally be provided in that location, and the chief of staff, in consultation with the police chief, or her/his designee, determines that there is not a sufficient quantity of Atlanta Police Department personnel to provide adequate coverage for each of the outdoor events, then the earlier or earliest of those applications that is received by the SME in a substantially completed form, accompanied by the requisite application fee, if any, shall be given priority as to the time and place requested, provided that priority as to the same time and place may be given to any outdoor event that has been permitted at such time and place for three or more occasions in the four years immediately preceding the current application.
(b)Non-discrimination. This provision shall apply to all aspects of permitting. Though certain sections of this chapter refer to this provision specifically, those refer-ences are for emphasis only, and do not imply that this provision does not apply to all other sections of the chapter.
(1)No permit shall be denied nor shall the applicant be given less favorable treatment as to time, manner, or place on account of the race, color, creed, religion, gender, domestic relationship status, parental status, familial status, sexual orientation, national origin, political affiliation or gender identity of the applicant and/or the participants of the outdoor event.
(2)No permit shall be denied nor shall the applicant be given less favorable treatment as to time, manner, or place based upon the message of the outdoor event, the content of speech of the outdoor event, nor based on the identity or associational relationships of the applicant and/or participants.
(3)No permit shall be denied nor shall the applicant be given less favorable treatment as to time, manner, or place on account of any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the outdoor event, provided that reasonable accommodation as to time, manner and place may be required in order for the city to provide the resources necessary for police protection.
(c)The chief of staff may deny or revoke a permit if an applicant has an outstanding debt with the city, or if the outdoor event is done on behalf of or in the name of a person, organization, corporation or other group that has an outstanding debt with the city, until such time as payment is received in full.
(d)The chief of staff may deny or revoke a permit if an applicant has failed to complete payment of any sums required for a previously permitted outdoor event, until such time as payment is received. Said sums shall include, without limitation, the cost of supplemental services, and the cost of restoration services, including those restoration services described in subsections (e) and (f) below, arising from the past outdoor event. In the alternative, the chief of staff may condition the granting of a new permit on the payment of amounts in arrears in connection with the previous outdoor event. The chief of staff may not require the payment of arrears for previous outdoor events unless the chief of staff or her/his designee had mailed or delivered to the applicant a demand for such payment within 60 days after the ending date of such previous outdoor event.
(e)The chief of staff may deny a permit to an applicant who has failed to substantially perform a cleanup plan which was made a condition of a previous permit, or who has defaulted on a previous sanitation bond in connection with a permitted outdoor event until such time as restitution is made in a manner and amount satisfactory to the chief of staff, or until a reasonable plan for correcting the past deficiency is agreed upon by the applicant and the chief of staff. This provision notwithstanding, the chief of staff shall not require the payment of arrears or restoration costs from previous outdoor events unless the chief of staff or her/his designee mailed or delivered to the host a demand for such payment or restitution within 60 days after the ending date of such previous outdoor event.
(f)The chief of staff may deny a permit to an applicant who caused significant damage to city streets, sidewalks, parks, and/or other city real or personal property and, at the time of submitting an application for a new outdoor event, failed to adequately repair the damage or failed to pay a bill for restoration services in full, provided that the chief of staff or her/his designee mailed or delivered to the host a demand for such repair or restoration compensation within 60 days after the ending date of such previous outdoor event.
(g)The chief of staff may deny or revoke a permit if the applicant has, in this city or in any other locality, violated a material condition and/or restriction of an outdoor event permit, or if the applicant's conduct regarding the outdoor event was in violation of law or local ordinance.
(h)The chief of staff may modify, deny or revoke a permit when, due to the scope of the outdoor event, and the number of police personnel required to provide protection and traffic control for the outdoor event, and due to the need for police personnel elsewhere in the city, the outdoor event would require the diversion of such a number of police personnel that it will be more likely than not that normal police protection elsewhere in the city cannot be provided continuously and safely for the duration of the outdoor event.
(i)The chief of staff may deny or revoke a permit at any time if it shall appear by competent evidence that the applicant has made a material misrepresentation or given incorrect material information on the application. Prior to such denial or revocation, the chief of staff shall notify the applicant of the evidence and provide the applicant with three business days in which to rebut said evidence in writing.
(j)The chief of staff may deny an outdoor event permit if the outdoor event is being held for an unlawful purpose, and/or violates a federal, state, or local law or ordinance.
(k)The chief of staff may deny or revoke a permit if the applicant does not receive all sub-permits required to carry out the outdoor event, as established in article IV of this chapter, or does not fulfill any or all of the other outdoor event requirements, as established in article III of this chapter.
(l)The chief of staff may revoke an outdoor event permit upon the applicant's viola-tion of the rules set forth in this chapter after s/he has received the outdoor event permit.
(m)The chief of staff may deny or revoke an outdoor event permit when by reason of disaster, public calamity, riot or other emergency, the chief of staff, in consultation with the police chief and/or fire chief, determines that the safety of the public or property requires revocation or denial, provided that the chief of staff shall not revoke such an outdoor event permit based on any of the factors set forth in section 142-12(b) above.
(n)An outdoor event permit may be revoked and an outdoor event may be terminated for public safety reasons by the chief of police and/or the fire chief, or their designees, in consultation with the chief of staff.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-13
Retention of permit.
Sec. 142-13. Retention of permit.
The outdoor event host or her/his designee, shall be present during the entire outdoor event, and shall carry the outdoor event permit personally during the entire outdoor event, including set-up and break-down. The host shall be responsible for providing the SEM or her/his designee with the contact phone number or location of the person carrying the outdoor event permit so that the SEM may contact the permit-holder at any time during the outdoor event. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-14
Compliance.
Sec. 142-14. Compliance.
The recipient of an outdoor event permit, including but not limited to the applicant and the host, shall comply with all outdoor event permit directions and conditions, and with all applicable laws and sections of this chapter, and other ordinances. (Ord. No. 2006-66, § 15, 9-26-06)
Secs. 142-15—142-20. Reserved.
ARTICLE III. ADDITIONAL OUTDOOR EVENT REQUIREMENTS
§ 142-21
Emergency services and fire safety plan.
Sec. 142-21. Emergency services and fire safety plan.
(a)The host of any outdoor event is required to provide an emergency services and fire safety plan, as that term is defined in section 142-2(i) above, for the outdoor event, and shall be required to provide and pay for firefighter, emergency medical technician, emergency medical personnel and/or ambulance service(s) for such internal emergency medical and fire fighting services. This requirement notwithstanding, no Host shall pay for any of the costs set forth in section 142-12(b)(4) above, nor for general fire services and enforcement, and emergency medical services in the vicinity of the outdoor event.
(b)All outdoor event applications must include an emergency services and fire safety plan sub-permit application, as established by this section and section 142-37 below. The contents of the emergency services and fire safety plan shall be determined by the anticipated number of attendees at the outdoor event, as described below.
(c)Applicants shall submit their emergency services and fire safety plan sub-permit application to the SEM. The SEM shall forward the sub-permit application to the fire rescue department.
(d)The fire rescue department shall be responsible for determining whether to approve or deny an emergency services and fire safety plan subpermit. Said decision shall be made in writing and forwarded to the SEM, who shall provide the information to the chief of staff. For any outdoor event whose application is due at least 30 days prior to the outdoor event, the fire rescue department shall provide its determination in writing to the SEM within five business days after receipt of the application. For any outdoor event whose application is due less than 30 days prior to the outdoor event, the fire rescue department shall provide its determination, in writing, to the SEM within five business days after receipt of the application or eight business days before the date of the outdoor event, whichever is earlier. The chief of staff shall not issue an outdoor event permit until it receives written approval of the applicant's emergency services and fire safety plan from the fire rescue department.
(e)The emergency services and fire safety plan for outdoor events with fewer than 2,000 anticipated attendees shall generally be a commitment by the applicant to contact 911 should a medical or fire emergency arise. Should the fire rescue department determine that an outdoor event requires additional emergency provisions to ensure public safety, it will modify the submitted emergency services and fire safety plan accordingly.
(f)The Atlanta Fire Rescue Department shall assign one City of Atlanta Fire-Rescue Emergency Medical Technician and one City of Atlanta Fire Marshal or Fire Inspector to each outdoor event with 2,000 anticipated attendees or greater. The host shall provide each of these assignees with a phone number at which the host or her/his designee can be reached at all times throughout the outdoor event.
(1)The assigned emergency medical technician shall be responsible for inspecting and monitoring the emergency services being provided at the outdoor event to determine if those services are in compliance with the host's approved emergency services and fire safety plan and if the services are sufficient given the actual circumstances of the outdoor event.
(A)Should the emergency medical technician determine that the emergency services being provided at the outdoor event do not comply with the approved emergency services and fire safety plan, and should this determination be the outdoor event's first violation of its approved emergency services and fire safety plan, the emergency technician shall contact the Host or her/his designee and shall provide her/him with one hour in which to bring the emergency services into full compliance with the approved emergency services and fire safety plan. As soon as possible after this contact, the emergency medical technician shall prepare written detailed documentation of the name of the outdoor event contact with whom s/he spoke, the time of the conversation, the emergency medical technician's findings regarding the violation(s), and the corrective action required of the host. This written documentation shall be provided to the SEM within two business days after the conclusion of the outdoor event.
(i)Should the host not comply in a timely manner with the corrective action required by the emergency medical technician, the city shall provide the necessary services and may include the full cost of providing these services in a supplemental services fee.
(ii)Should the violation be the outdoor event's second or greater violation of its approved emergency services and fire safety plan, the city may provide the necessary services without giving the host an opportunity to take corrective action, and the city may include the full cost of providing these services in a supplemental services fee. As soon as possible after finding the violation, the emergency medical technician shall prepare written detailed documentation of the nature of the violation and the corrective action taken by the city. This written documentation shall be provided to the SEM within two business days after the conclusion of the outdoor event.
(B)Should the emergency medical technician determine that the emergency services being provided at the outdoor event are not sufficient given the actual circumstances of the outdoor event, s/he shall notify the host or her/his designee of such determi-nation. The emergency medical technician, using her/his sole judgment or the judgment of her/his superiors in the Atlanta Fire Rescue Department regarding the immediacy of the need to have additional emergency services, shall determine whether to allow the host to provide additional emergency services or whether to have the city provide additional emergency services. As soon as possible after the contact with the host or her/his designee, the emergency medical technician shall prepare written detailed documentation of the name of the outdoor event contact with whom s/he spoke, the time of the conversation, the emergency medical technician's findings regarding the need for additional emergency services, the corrective action required, and who will provide the corrective action. This written documentation shall be provided to the SEM within two business days after the conclusion of the outdoor event. Where the city provides the additional emergency services, the city may include the full cost of providing these services in a supplemental services fee.
(2)The assigned fire marshal or fire inspector shall be responsible for inspecting and monitoring the outdoor event to determine its compliance with the Atlanta Fire Code and with the host's approved emergency services and fire safety plan.
(A)Where the fire marshal or fire inspector finds a violation of the Atlanta Fire Code or the approved emergency services and fire safety plan, and where the violation is the first violation of the Fire Code and/or approved emergency services and fire safety plan, the fire marshal or fire inspector shall require the violation to be remedied immediately, shall notify the host or her/his designee of the violation, and shall prepare writ-ten documentation detailing the violation, the name of the violator, the location of the violation, the corrective action taken, the name of the outdoor event host or designee contacted, and the time of the contact. Said documentation shall be provided to the SEM within two working days of the conclusion of the outdoor event.
(B)Where the fire marshal or fire inspector finds a violation of the Atlanta Fire Code or the approved emergency services and fire safety plan, and where the violation is not the first violation of the Fire Code and/or approved emergency services and fire safety plan, the fire marshal or fire inspector shall require the violation to be remedied immediately and shall also determine the number of additional Atlanta Fire Marshals and/or fire inspectors needed to patrol the compliance of the outdoor event with the Atlanta Fire Code and the approved emergency services and fire safety plan. The fire marshal or fire inspector shall communicate with the host or her/his designee about the violation and the need for additional support from the Atlanta Fire Rescue Department. As soon as possible after ordering the additional support, the fire marshal or inspector shall prepare written documentation regarding the violation(s) found, the facts supporting the need for additional support, and the conversation with the host or her/his designee. Said documentation shall be provided to the SEM within two working days of the conclusion of the outdoor event. The city may include the full cost of providing these additional fire marshal and/or fire inspector services in a supplemental services fee.
(C)Should the violator or host not comply in a timely manner with the corrective action plan required by the fire marshal or fire inspector, a stop work or stop operating order shall be given to the violator and host or her/his designee. The stop work or stop operating order shall stay in effect until the violator or host comes into full compliance.
(g)The emergency services and fire safety plan for outdoor events with 2,000 or greater anticipated attendees must show the following information:
(1)The number of off-duty fire-rescue emergency medical technicians, and/or the number of private ambulance service personnel that the applicant plans to hire. The applicant has the option of not hiring any private ambulance service personnel, but rather hiring additional off-duty firerescue emergency medical technicians to fulfill the role of the ambulance company personnel.
(2)The arrangements that the applicant has made for hiring fire-rescue emergency medical technicians, and/or private ambulance service personnel.
(3)The emergency services and fire safety plan must include a specific plan for fire safety for the outdoor event. This fire safety plan must include a full site plan that indicates fire department access and exit locations, whether any cooking will be used, the location of each cooking area, the types and locations of all flammable materials that will be used and/or stored, including without limitation gas, and whether pyrotechnics, fire works, or other special effects will be used.
(A)It is not necessary for the outdoor event to hire off-duty fire inspectors and off-duty fire marshals, except as indicated in section 142-21(f) above. However, where the applicant intends to hire such personnel, the emergency services and fire safety plan should indicate the number of off-duty fire inspectors and off-duty fire marshals that the applicant plans to hire, and the number of private fire inspectors that the applicant plans to hire.
(i)The fire safety plan should indicate the arrangements the applicant has made for hiring the off-duty marshals, off-duty fire inspectors, and private fire inspectors.
(ii)The fire safety plan must show how many of the off-duty fire safety personnel to be used for internal fire safety services are National Fire Protection Association certified Fire Inspector I and have jurisdictional authority in the area of the outdoor event. In addition, the plan should show how many of the fire safety personnel are National Board of Professional Qualifications (NPQ) certified and state certified as emergency medical technicians.
(h)In determining the adequacy and appropriateness of any emergency services and fire safety plan, the Atlanta Fire Rescue Department shall be guided solely by considerations of the anticipated number of attendees at the event, the location of the event, whether the event has gates or other barriers to exiting the event, the season in which the event occurs, the presence of cooking, the presence of special hazards such as fireworks displays and other pyrotechnic and special effects, past experience with this particular outdoor event, or the outdoor event's applicant or host. The Atlanta Fire Rescue Department may consider the advice and counsel of public safety personnel and other persons with expertise in handling or promoting similar events. In evaluating the emergency services and fire safety plan, the Atlanta Fire Rescue Department shall not take into account any of the factors set forth in section 142-12(b) above. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-22
Fees.
Sec. 142-22. Fees.
The specific application fees and permit fees owed for each type of permit and sub-permit are listed in the succeeding articles below. The provisions set forth in this section 142-22 apply to all outdoor events.
(a)Applicants must submit all application fees at the time of submitting an outdoor event application. An application shall not be deemed complete until all application fees are received.
(b)All fees shall be paid by money order or certified check only. The city shall not accept cash, personal or company checks to pay for such Fees. Fees paid directly to the department of parks, recreation, and cultural affairs may also be paid by personal check or credit card.
(c)The chief of staff or her/his designee shall calculate the total fees owed by the applicant, including fees assessed by the bureau of business licenses, the office of parks, the bureaus of buildings, the fire rescue department, and the office of solid waste services, as described below in this chapter 142. The applicant shall pay all fees to the SEM, except for those fees owed pursuant to section 142-22(f)(2) below in which case said fees shall be paid directly to the office of solid waste services, or unless the outdoor event is a park facility reservation (section 142-102) or a large gathering in a park (section 142-103(b)(2)), in which case the fees may also be submitted to the office of parks. Applicants may combine all fees into one money order or certified check, except that fees assessed by the fire rescue department shall be paid with a separate certified check or money order.
(1)The chief of staff or her/his designee shall deposit the fire fees into the fire account. All other fees shall be deposited in a manner consistent with this City Code of Ordinances, and with other ordinances passed by the Atlanta City Council.
(2)The chief of staff or her/his designee shall provide all departments assessing outdoor event fees with a monthly accounting of the fees collected on their behalf and with notification of the accounts into which those fees were deposited.
(d)No applicant shall be required to supply or pay the cost of public safety personnel necessary to provide for the protection of an outdoor event and its attendees from hostile members of the public or counterdemonstrators, or for traffic control outside the defined area of the outdoor event, or for general law enforcement in the vicinity of the outdoor event.
(e)Any city department or bureau that prepares a bill for the outdoor event after the outdoor event occurs shall send the billing information to the chief of staff within ten business days after the conclusion of the outdoor event. In the case of outdoor events whose duration is greater than two weeks, billing information shall be sent to the chief of staff within ten business days after the conclusion of each week of the outdoor event. The chief of staff or her/his designee shall prepare a master city bill and send it to the host.
(f)Solid waste, restoration, and supplemental service fees.
(1)All outdoor event applications must provide information regarding the number of people expected at the outdoor event, and the city solid waste services requested by the applicant, if any.
(2)Section 142-40(a) sets forth the circumstances under which an applicant must receive a solid waste subpermit. Where a solid waste subpermit is required, the applicant may obtain solid waste services from a private entity or from the City of Atlanta's Office of Solid Waste Services. If the applicant is using the city's office of solid waste services, the applicant shall work directly with the office to establish the services that will be provided, and the fee for said services. The office of solid waste services will determine a solid waste fee to be assessed to an outdoor event based upon the amount of people expected at the outdoor event and the services requested by the applicant. The office of solid waste services shall have a schedule of fees and shall determine the appropriate solid waste fee consistently based on these factors. These arrangements must all be completed prior to the applicant's submission of the solid waste sub-permit application pursuant to section 142-40. The office of solid waste services shall provide to the applicant a written document containing the agreed-upon services and a bill for the solid waste fees so that the applicant can attach said information to her/his solid waste sub-permit application. The applicant shall make all payments for the solid waste services to the office of solid waste services directly.
(3)Event bonds. The event bonds described below shall be refunded if the city determines, after the conclusion of the outdoor event, that no more than minimal clean-up is required to be performed by the city and there has been no damage to any city property. Where the city determines that an event bond should be refunded, it shall refund the bond within 45 days after the conclusion of the outdoor event.
(A)If the host has conducted a previous outdoor event in the city and has been billed after the outdoor event for restoration services and/or supplemental services, and the host did not pay said bill in full within 30 days of receiving the bill, the city shall require the host to obtain a refundable event bond in the amount of said bill for all future outdoor events.
(B)The city may require a $100.00 refundable event bond where the host applies to reserve a park facility (see also section 110-3 (e)(2)) or to have any other outdoor event in a park, provided there is no formal agreement between the host and the city. Where an event bond has been posted as part of an outdoor festival application or other outdoor event application, no additional event bond shall be required. No more than one event bond shall be required for any particular outdoor event. With the exception of bonds required for outdoor festivals, the event bond requirement may be waived if the host has performed or held an outdoor event at least once per year during the past three consecutive years and completed all clean-up and cooperated fully with the city during each of those outdoor events.
(C)A $100.00 refundable event bond shall be required for all assemblies, as defined in article VI of this chapter.
(4)For outdoor events where: a) the city must provide restoration services; and b) the city property that requires restoration services is not a city park; and c) the city spends more money for restoration services than the amount remaining from the solid waste fee plus the sanitation bond, if any, the office of solid waste services will assess the amount owed for restoration services and will forward the assessment to the chief of staff or her/his designee for billing. The chief of staff or her/his designee must send the bill to the host no later than 60 days after the conclusion of the outdoor event. The host shall pay the assessment in full within 30 days of receiving the bill.
(5)For outdoor events where: a) the city must provide restoration services; and b) the city property that requires restoration services is a city park, the parks bureau will assess the amount owed for restoration services and will forward the assessment to the chief of staff for billing. The chief of staff or her/his designee must send the bill to the host no later than 60 days after the conclusion of the outdoor event.
(A)The host must pay the assessment no later than 30 days after receiving the bill.
(B)In the event that the park requiring restoration services is maintained, at least in part, by a conservancy or other group that has a memorandum of understanding with the city regarding said maintenance, the host may pay the conservancy directly to provide the restoration services, upon receiving written approval of said arrangement from the commissioner of the department of parks and recreation. The restoration shall not be deemed complete until approved in writing by the commissioner of the department of parks and recreation.
(6)For outdoor events where the city must provide supplemental services, the host must reimburse the city in full for the cost of such supplemental services. The chief of staff or her/his designee shall assess the amount owed for the supplemental services and shall send the bill to the host no later than 60 days after the conclusion of the outdoor event.
(Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 201301(12-O-1653), § 2, 1-16-13; Ord. No. 2013-27(13O-1088), § 4, 6-26-13)
§ 142-23
Park facility reservations.
Sec. 142-23. Park facility reservations.
Regardless of the type of outdoor event, any applicant wishing to utilize an outdoor facility in a park, such as a pavilion, as part of a larger outdoor event, must file a facility reservation application along with the application for the larger outdoor event. The method of applying for and the criteria for receiving a facility reservation permit are set forth in section 142-102. During Class A, B, and C outdoor festivals, the city will not allow any other applicant, other than the outdoor festival applicant, to reserve an outdoor facility located in the festival gathering area. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-24
Portable restrooms.
Sec. 142-24. Portable restrooms.
(a)All outdoor events that provide portable restrooms must have a portable restroom subpermit. The portable restroom sub-permit requirements and procedures are set forth in section 142-39 below.
(b)Location and removal of portable restrooms.
(1)The outdoor events portable restroom subpermit shall state the exact location where the portable restroom(s) shall be placed. In the event that the portable restrooms are not placed at the location designated on the sub-permit, the chief of staff or her/his designee shall give the host oral or written notice to move the portable restroom(s) to the proper location. The host must have the portable restroom(s) moved immediately, but in no event greater than six hours. Should the host fail to meet this requirement, s/he shall be subject to the penalties set forth in section 1-8(c) of this Code of Ordinances.
(2)The outdoor events portable restroom subpermit shall state the time that the portable restroom(s) shall be removed. In the event that the portable restrooms are not removed by the time set forth in the sub-permit, the host shall be subject to the penalties set forth in section 1-8(c) of this Code of Ordinances. Where the host provides evidence of a good faith effort to have the portable restroom owner remove the portable restrooms in a timely manner, the city shall not subject the host to the penalties of section 1-8(c). Instead, the chief of staff shall provide written notice to the portable restroom owner requiring that the owner remove the portable restrooms within 24 hours of receiving the city's written notice. Should the owner fail to meet this requirement, s/he shall be subject to the penalties set forth in section 1-8(c) of this Code of Ordinances.
(3)Should portable restrooms be utilized at an outdoor event where a portable restroom sub-permit has not been obtained, or where the sub-permit does not permit the quantity of portable restrooms being utilized, the chief of staff or her/his designee may give the host oral or written notice to remove the non-permitted portable restroom(s) immediately, but in no event greater than six hours. Should the host fail to meet this requirement, s/he shall be subject to the penalties set forth in section 1-8(c) of this Code of Ordinances.
(4)Should portable restrooms be placed on public property for an outdoor event that is not permitted, the chief of staff or her/his designee shall require the owner of the portable restrooms to remove the portable restrooms within 24 hours of receiving the chief of staff's or her/his designee's written notice. Should the owner fail to meet this requirement, s/he shall be subject to the penalties set forth in section 1-8(c) of this Code of Ordinances.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-25
Recycling and other solid waste issues.
Sec. 142-25. Recycling and other solid waste issues.
All hosts of outdoor events requiring a permit pursuant to this chapter must comply with the City of Atlanta Code of Ordinances section 13044, as well as all other applicable city, Fulton County, DeKalb County, state and federal laws. Said section 130-44 sets forth requirements regarding recycling, as well as timeframes for removal of solid waste from the property on which the outdoor event is held. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-26
Right-of-way/park closure.
Sec. 142-26. Right-of-way/park closure.
(a)Except as provided in subsection (c) below, under no circumstances shall the chief of staff approve any permit that allows the applicant to:
(1)Limit the use of a public street or sidewalk by pedestrians and/or vehicles that are using the street or sidewalk to move from location to location; or
(2)Limit the use of a public park, when use of the park by the general public shall not unreasonably disturb the activities of the outdoor event.
(b)Nothing in this section shall be construed to prohibit the imposition of reasonable restrictions on the movement of the general public which are necessary for the carrying out of the outdoor event; however, such restrictions shall not be based on nor impact any member of the public because of any of the factors set forth in section 142-12(b) above.
(c)An applicant that wishes to hold an event that requires closure of all or a portion of a city-owned street, sidewalk, park, or other rightof-way, shall apply for an assembly permit, a street closure permit, or a sidewalk closure permit, (all of which are defined in Article VI), whichever is applicable, pursuant to the criteria set forth in Article VI below. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 200904(08-O-2030), § 1, 1-31-09)
§ 142-27
Rules during outdoor events in parks.
Sec. 142-27. Rules during outdoor events in parks.
In addition to the rules set forth in this chapter, additional rules regarding prohibited conduct in parks while an outdoor event is occurring in the park, are set forth in section 110-76 of this Code of Ordinances. (Ord. No. 2006-66, § 15, 9-26-06)
Secs. 142-28—142-30. Reserved.
ARTICLE IV. SUB-PERMITS
§ 142-31
Sub-permits in general.
Sec. 142-31. Sub-permits in general.
(a)Any applicant submitting an application for any type of outdoor event, where the outdoor event includes the use of a temporary structure (such as a tent), electricity, amplification, food and/or drinks, portable restrooms, alcohol, amusements, banners, or that produces solid waste, may need to obtain a sub-permit. In addition, all Class A, B, and C outdoor festivals and all assemblies that include organized group movement from one location to another, including without limitation races, walks, marches, and parades, must obtain a water sub-permit. Lastly, all outdoor events must obtain an emergency services sub-permit. This article IV lists the types of sub-permits and when each type of sub-permit is required.
(b)Obtaining a sub-permit is part of the outdoor event permitting process. All applications for a sub-permit, including any fees associated with the sub-permit application, must be submitted to the SEM, except that where an applicant chooses to submit an application to the office of parks rather than the SEM pursuant to sections 142102 and 142-103, the related sub-permit application(s) may also be submitted to the office of parks. The sub-permit application shall be submitted along with the outdoor event application, unless a different time frame for submitting the sub-permit application is designated below. Where the sub-permit application is submitted to the office of parks, the office shall forward the subpermit application to the SEM for processing within one business day of receipt.
(c)The SEM shall be responsible for forwarding all sub-permit applications to the city department(s) and/or bureau(s) that are responsible for evaluating whether the sub-permit shall be granted, as provided in this section below. The SEM shall forward the permit application and the sub-permit application to the department or bureau within two business days of receiving the applications. Said city department or bureau shall provide a written determination regarding the sub-permit to the SEM within ten business days of receiving the applications, and the SEM shall provide the information to the chief of staff. Such determination shall be based on a set of written standards maintained by the reviewing department or office, and said standards shall be applied uniformly to all applicants. Where the reviewing department or office approves the sub-permit application, it shall provide the sub-permit to the SEM, who shall provide the sub-permit to the chief of staff. The chief of staff shall provide the sub-permit to the applicant.
(d)Denial of an alcohol, amplification, amusement, banner, electricity, food and beverage, and/or temporary structures sub-permit application does not necessitate denial of the outdoor event permit, but rather precludes the outdoor event's inclusion of the item or service for which the sub-permit was denied. In addition, denial of a portable restroom sub-permit application does not necessitate the denial of the outdoor event permit if the applicant's proposed use of the portable restroom(s) is strictly voluntary and there is no city or county requirement that portable restrooms be utilized at the outdoor event. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-32
Alcohol sub-permit.
Sec. 142-32. Alcohol sub-permit.
(a)No alcohol may be served and/or sold at any outdoor event unless the host receives an alcohol sub-permit. Where the outdoor event occurs in a park, the only type of outdoor event eligible for an alcohol sub-permit is an outdoor festival. Alcohol is not permitted in parks absent a permitted outdoor festival, subject to the provisions of Atlanta Code section 110-76(a)(5), and an alcohol sub-permit.
(b)If the outdoor event is utilizing an alcohol pourer that has already obtained a city-issued liquor license from the city's bureau of licenses and permits, the applicant shall complete and submit an alcohol sub-permit application to the SEM with the outdoor event application. Where the outdoor event application is due less than 30 days prior to the outdoor event, the alcohol subpermit application must none-the-less be submitted to the SEM no later than 30 days before the outdoor event.
(1)The SEM shall forward the alcohol subpermit application to the department of finance's office of revenue. The office of revenue shall be the sole decision-maker of whether to issue a sub-permit.
(2)The fee for an alcohol sub-permit shall be $25.00 per day, per fixed location where alcohol is served, for applicants that are non-profit organizations. For all other ap-applicants, the alcohol sub-permit fee shall be $50.00 for beer and/or wine, $50.00 for all other types of alcoholic beverages, and $100.00 for beer and/or wine and other alcoholic beverages, per day, per location where alcohol is served.
(3)The applicant must obtain a license to serve alcohol at the outdoor event from the State of Georgia, and must supply the city with a copy of said license no later than three business days prior to the outdoor event.
(c)If the outdoor event is utilizing an alcohol pourer that has not already obtained a cityissued liquor license, the applicant must obtain an alcohol pourer license utilizing the standard procedures established by the city. These procedures do not include involvement by the SEM or the chief of staff. Once the applicant receives the alcohol pourer license, it shall then proceed with the procedure set forth in subsection 142-32(b) above to receive an alcohol subpermit for the outdoor event. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-33
Amplification sub-permit.
Sec. 142-33. Amplification sub-permit.
(a)An amplification sub-permit is required where an amplification device will be utilized at an outdoor event located on public property, or at a permitted outdoor event located on private property.
(b)There is no fee for an amplification subpermit.
(c)The amplification sub-permit application shall be submitted to the SEM with the outdoor event application.
(d)If the outdoor event is located in a city park, the SEM shall forward the amplification sub-permit application to the department of parks and recreation. If the outdoor event is located on private property, or on public property other than a city park, the SEM shall forward the amplification sub-permit application to the department of police, special operations section. The department of parks and recreation, and the department of police respectively shall be the sole decision-makers of whether to issue a subpermit.
(e)The department of parks and recreation, and/or the department of police shall consider the time and location requested in the application in determining whether to approve utilization of the sound amplification systems requested in the sub-permit application. The departments shall also consider the regulations of the Atlanta Noise Ordinance, Atlanta Code of Ordinances section 74-129 through 74-160, where applicable, but shall not apply these regulations to outdoor festivals or other outdoor events that are explicitly exempted from the noise ordinance mandates. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 2013-27(13-O-1088), § 4, 6-26-13)
§ 142-34
Amusement sub-permit.
Sec. 142-34. Amusement sub-permit.
(a)An amusement sub-permit is required to operate a ride or amusement at any outdoor event. Where the outdoor event occurs in a park, the only type of outdoor event eligible for an amusement sub-permit is an outdoor festival. Rides and/or amusements are not permitted in parks absent a permitted outdoor festival and amusement sub-permit.
(b)Applicants shall submit the amusement sub-permit application and fee to the SEM. The amusement sub-permit fee shall be established in writing by the director of the bureau of buildings, but in no event shall be less than $25.00 per event. The amount of the fee shall not be based upon the number of rides and/or amusements.
(c)The amusement sub-permit application and fee shall be submitted to the SEM with the outdoor event application. Where the outdoor event application is due less than 30 days prior to the outdoor event, the amusement sub-permit application must none-the-less be submitted to the SEM no later than 30 days before the outdoor event.
(d)The SEM shall submit the amusement sub-permit application to the bureau of buildings. If the amusement sub-permit involves a park, the SEM shall also submit the amusement sub-permit application to the bureau of parks. The bureau of buildings, and the bureau of parks where applicable, shall be the sole decisionmakers of whether to issue the sub-permit. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-35
Banner sub-permit.
Sec. 142-35. Banner sub-permit.
(a)A banner sub-permit is required for all outdoor events that will have one or more banners at the outdoor event.
(b)There is no fee for a banner sub-permit.
(c)The banner sub-permit application shall be submitted to the SEM with the outdoor event application. Where the outdoor event application is due less than 30 days prior to the outdoor event, the banner sub-permit application must none-the-less be submitted to the SEM no later than 30 days before the outdoor event.
(d)The SEM shall forward the banner subpermit application to the fire rescue department's inspection division, and the fire rescue department shall determine whether the sub-permit shall be granted. The fire rescue department shall be the sole decision-maker of whether to issue a sub-permit. The sub-permit shall be issued upon the fire rescue department's determination that each banner at the outdoor event is composed of material that meets the National Fire Protection Association 701 standards. This determination may be made in one of two ways: 1) the applicant provides a certificate of flammability from the banner's fabric manufacturer stating that the material meets the National Fire Protection Association 701 standards; or 2) the fire rescue department performs a test upon a sample of the banner material to determine whether it meets the National Fire Protection Association 701 standards.
(e)The applicant's sub-permit application must indicate whether the applicant is seeking the sub-permit along with the issuance of the outdoor event permit or at the time of set-up of the outdoor event. For issuance of the sub-permit along with the issuance of the outdoor event permit, the applicant shall submit a sample of the banner material along with the sub-permit application, and where available, the certificate of flammability from the banner's fabric manufacturer. For issuance of the sub-permit at the time of set-up, the fire rescue department will obtain copies of the certificate of flammability from the banner's fabric manufacturer and/or will test the banner fabric on site at the outdoor event. At any outdoor event, the fire rescue department shall have the authority to require that a banner be taken down upon a finding that the banner does not meet the National Fire Protection Association 701 standards.
(f)Where the banner is to be attached to a light pole or other such pole or object erected in any city street, sidewalk, or other city right-ofway, regardless of the owner of the light pole or other object, this outdoor events chapter shall not apply to the permitting of the banner. Instead, the applicant must proceed according to the regulations set forth in Atlanta Code of Ordinances, section 138-60, including applying for and obtaining a permit from the commissioner of transportation. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 2020-34(20-O-1382), § 9, 6-23-20)
§ 142-36
Electricity sub-permit.
Sec. 142-36. Electricity sub-permit.
(a)An electricity sub-permit is required where supplemental electricity will be utilized at an outdoor event located on public property; or where electricity will be utilized at an outdoor event located on private property, but only when this chapter requires said private property outdoor event to be permitted. For purposes of this section 142-36, "supplemental electricity" shall mean all electrical devices except for electrical outlets mounted on the public property by the city and grounded extension cords. Supplemental electricity shall include without limitation generators and additional electrical wiring.
(b)The electricity sub-permit fee shall be established in writing by the director of the bureau of buildings, but in no event shall be less than $50.00.
(c)Applicants may obtain an electricity subpermit in one of two ways. The first option is that the applicant may obtain an electricity sub-permit directly from the bureau of buildings electrical division. The second option is that the applicant may obtain an electricity sub-permit as part of her/his outdoor event application process.
(d)Where the applicant chooses to obtain an electricity sub-permit directly from the bureau of buildings electrical division, the applicant shall submit an electricity sub-permit application to the SEM with the outdoor event application that merely states that the sub-permit is being obtained directly from the bureau of buildings electrical division. The applicant need not provide any other information or an electricity sub-permit fee to the SEM.
(e)Where the applicant chooses to obtain an electricity sub-permit as part of the outdoor event application process, s/he shall submit the electricity sub-permit application, including the necessary fee, to the SEM with the outdoor event application. Where the outdoor event application is due less than 30 days prior to the outdoor event, the electricity sub-permit application must none-the-less be submitted to the SEM no later than 30 days before the outdoor event. The SEM shall submit the electricity sub-permit application to the bureau of buildings electrical division, and said division shall be the sole decisionmaker of whether to issue an electricity subpermit.
(f)All electricity sub-permits shall be issued based on the plans submitted either directly to the bureau of buildings electrical division or with the sub-permit application, but the subpermit shall be subject to inspection of the electrical service by the bureau of buildings at the outdoor event at the time that the service commences.
(g)The city shall have the right to terminate the use of supplemental electricity at an outdoor event where the host fails to meet the requirements of this section 142-36, including without limitation where the host utilizes an extension cord that is not grounded. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-37
Emergency services subpermit.
Sec. 142-37. Emergency services subpermit.
All outdoor events must have an emergency services sub-permit. The emergency services sub-permit is issued after the applicant's emergency services and fire safety plan has been approved by the Atlanta Fire Rescue Department. There is no fee for an emergency services sub-permit. The requirements and procedures for obtaining this sub-permit are set forth in section 142-21 above. The fire rescue department shall be the sole decision-maker of whether to issue the subpermit. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-38
Food and beverage subpermit.
Sec. 142-38. Food and beverage subpermit.
(a)A food and beverage sub-permit is required for all outdoor festivals where food and/or beverages will be served. A food and beverage subpermit is also required for any other outdoor event where food and/or beverages will be served and where the county in which the outdoor event is located regulates the type of food and/or beverage service that will occur at the outdoor event. For purposes of this article, "beverage" includes water but does not include alcoholic drinks.
(b)There is no fee for a food and beverage sub-permit.
(c)The food and beverage sub-permit application shall be submitted to the SEM with the outdoor event application. Where the outdoor event application is due less than 30 days prior to the outdoor event, the food and beverage sub-permit application must none-the-less be submitted to the SEM no later than 30 days before the outdoor event. The food and beverage sub-permit application must include a certificate from Fulton County showing that the county has approved the serving of food and/or beverages at the outdoor event. Where the outdoor event is occurring in DeKalb County, the application must include a certificate from DeKalb County showing that the county has approved the serving of food and/or beverages at the outdoor event. Where the county in which the outdoor event is occurring does not require a certificate for the type of food and beverages being served at the outdoor event, the applicant shall indicate this fact on the sub-permit application.
(d)The SEM shall forward the food and beverage sub-permit application to the fire rescue department's special operations division. The fire rescue department shall be the sole decisionmaker of whether to issue the sub-permit. In determining whether to approve or deny the sub-permit application, the fire rescue department shall determine solely whether the applicant has met the food and beverage permitting standards required by the county in which the outdoor event is occurring. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-39
Portable restroom sub-permit.
Sec. 142-39. Portable restroom sub-permit.
(a)A portable restroom sub-permit is required for all outdoor events located in Fulton County that are required by Fulton County to provide portable restrooms, for all outdoor events located in DeKalb County that are required by DeKalb County to provide portable restrooms, or that wish to provide portable restrooms. In addition, where the Fulton County Health Standards applied to for-profit organizations would require portable restrooms for the applicant's outdoor event, if the applicant were a for-profit organization located in Fulton County, the applicant must obtain a portable restroom sub-permit.
(b)There is no fee for a portable restroom sub-permit.
(c)The portable restroom sub-permit application shall be submitted to the SEM with the outdoor event application. Where the outdoor event application is due less than 30 days prior to the outdoor event, the portable restroom sub-permit application must none-the-less be submitted to the SEM no later than 30 days before the outdoor event.
(d)The portable restroom sub-permit application must include the name of the portable restroom company providing the service, the number of portable restrooms being provided, the desired location of the portable restrooms, the desired time of delivery and removal of the portable restrooms, and a copy of the contract between the applicant and the portable restroom company. It must also include a certificate from either Fulton or DeKalb County, depending upon the location of the outdoor event, showing that the county has approved the use and quantity of portable restrooms at the outdoor event.
(e)For Class A, B, and C outdoor festivals located in a park that contains public restrooms, the sub-permit application must also include a specific plan for cleaning and re-stocking the restrooms every two hours. By way of example, said plan may include evidence that the cleaning and re-stocking responsibility is part of the proposed outdoor festival's cleaning contract or evidence of assignment of outdoor festival staff to perform the responsibility.
(f)The SEM shall forward the portable restroom sub-permit application to the fire rescue department's EMS and special operations divisions. The fire rescue department shall be the sole decision-maker of whether to issue a subpermit, but the exact terms of the sub-permit shall be determined by the office of parks or the department of transportation, where applicable, as set forth below in subsections (g) and (h) of this section 142-39. In determining whether to approve or deny the sub-permit application, the fire rescue department, at a minimum, shall apply the health standards that Fulton County requires for for-profit organizations. The fire rescue department shall require, at a minimum, that these for-profit health standards be met, regardless of whether the applicant is a nonprofit or for-profit entity. The fire rescue department shall have the right to require more portable restrooms than would be required by Fulton County should the fire rescue department determine that public health mandates the greater quantity.
(g)If the sub-permit application indicates that the portable restroom(s) will be located in a park, the SEM shall forward the application to the office of parks, which shall establish the exact location for the portable restrooms, and the time of portable restroom delivery and removal. For Class A, B, and C outdoor festivals located in a park that contains public restrooms, the office of parks shall also determine whether the applicant's plan regarding said restrooms, as required pursuant to section 142-39(e) above, is acceptable. Where the plan is deemed unaccept-able by the office of parks, the director of said office, or her/his designee, shall work with the applicant to modify the plan.
(h)If the sub-permit application indicates that the portable restroom(s) will be located on city right-of-way, but not in a park, the SEM shall forward the application to the department of transportation, which shall establish the exact location for the portable restrooms, and the time of portable restroom delivery and removal. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 2020-34(20-O-1382), § 10, 6-23-20)
§ 142-40
Solid waste sub-permit.
Sec. 142-40. Solid waste sub-permit.
(a)A solid waste sub-permit is required for all outdoor events that are required by Fulton County or DeKalb County, depending upon the location of the outdoor event, to provide a solid waste plan. In addition, where the Fulton County Health Standards applied to for-profit organizations would require a solid waste plan for the applicant's outdoor event, if the applicant were a for-profit organization located in Fulton County, the applicant must obtain a solid waste sub-permit.
(b)There is no fee for a solid waste sub-permit. Where an outdoor event utilizes the city's office of solid waste services for solid waste services, however, the bureau shall assess a solid waste fee, as described in section 142-22(f).
(c)The solid waste sub-permit application shall be submitted to the SEM with the outdoor event application. Where the outdoor event application is due less than 30 days prior to the outdoor event, the solid waste sub-permit application must none-the-less be submitted to the SEM no later than 30 days before the outdoor event. The solid waste sub-permit application must include the name of the company providing solid waste services, the types of services being provided by the company, and a copy of the Applicant's agreement with the solid waste company. This information must be submitted even if the provider of solid waste services is the city's office of solid waste services. The application must also include a certificate from Fulton County or DeKalb County, depending upon the location of the outdoor event, showing that the county has approved the solid waste plan for the outdoor event.
(d)The SEM shall forward the solid waste sub-permit application to the office of solid waste services. The office of solid waste services shall be the sole decision-maker of whether to issue a sub-permit. In determining whether to approve or deny the sub-permit application, the office of solid waste services, at a minimum, shall apply the health standards that Fulton County requires for for-profit organizations. The office of solid waste services, at a minimum, shall require that these for-profit health standards be met, regardless of whether the applicant is a non-profit or for-profit entity. The office of solid waste services shall have the right to require more solid waste services than would be required by Fulton County should the office of solid waste services determine that public health mandates the additional services. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-41
Temporary structures sub-permit.
Sec. 142-41. Temporary structures sub-permit.
(a)A temporary structures sub-permit, is required where the outdoor event includes use of a temporary structure that is:
(1)A tent that is 200 square feet or larger; or
(2)Two or more tents that are closer than 12 feet apart, regardless of the size of the tent; or
(3)A non-tent that is 120 square feet or larger; or
(4)Any type of temporary structure that is 100 square feet or larger and will be located inside of a park; or
(5)Any type of temporary structure, regardless of size, that will contain a cooking device that uses electricity, gas, or a flame.
(b)Applicants shall submit the following fees with the temporary structure sub-permit application:
(1)Tents that are 200 square feet or larger, or are closer than 12 feet apart, require a fee of $66.00, and the chief of staff or his designee shall forward this fee to the fire rescue department. This fee is a flat fee that shall apply regardless of how many tents will be erected during the outdoor event.
(2)Non-tent temporary structures that are 120 square feet or larger require two fee payments which cannot be combined. The first fee is $50.00, which the chief of staff or his designee shall designate as belonging to the bureau of buildings. The second fee is $66.00, and the chief of staff or his designee shall forward this money to the fire rescue department. These fees are flat fees, and apply regardless of how many temporary structures will be created and/or erected during the outdoor event.
(3)Temporary structures that will contain a cooking device, as described above, and that are smaller than 120 square feet, require a fee of $66.00 per event regardless of how many temporary structures will be created and/or erected during the outdoor event, and the chief of staff or his designee shall forward the fee to the fire rescue department.
(4)Temporary structures that are 100 square feet or larger and will be located inside of a city park require no fee, unless the temporary structure also meets the criteria set forth in subsection (b)(1), (b)(2), or (b)(3) above.
(c)The temporary structure sub-permit application, including necessary fees, shall be submitted to the SEM with the outdoor event application.
Where the outdoor event application is due less than 30 days prior to the outdoor event, the temporary structures sub-permit application must none-the-less be submitted to the SEM no later than 30 days before the outdoor event. For temporary structures that are 120 square feet or larger, as part of the sub-permit application, the applicant must submit a copy of liability insurance covering the temporary structure.
(d)OSE shall submit the temporary structure sub-permit application to each of the following departments or bureaus, as applicable, and said departments and bureaus shall be the decisionmakers of whether to issue a sub-permit. Temporary structures that qualify for more than one of the categories described below in this section shall follow the procedure below for each of the categories that apply to the temporary structure.
(1)Where the structure is a tent that is 200 square feet or larger, or is two or more tents located less than 12 feet apart, the SEM shall forward the sub-permit application to the fire rescue department. The fire rescue department must approve the issuance of a sub-permit in order for the temporary structure to be permitted. The fire rescue department may forward a copy of any sub-permit application to the bureau of buildings for consideration if the department, in its sole discretion, deems bureau of buildings approval to be a prerequisite to giving the department's approval for that particular application; and
(2)Where the structure is a non-tent, 120 square feet or larger, the SEM shall forward the sub-permit application to the fire rescue department and the bureau of buildings. If the structure is 200 square feet or larger, the plans submitted with the sub-permit application must indicate approval by a Georgia Registered Professional Engineer or Architect. Both the fire rescue department and the bureau of buildings must approve the issuance of a subpermit in order for the temporary structure to be permitted; and
(3)Regardless of size, where the structure will contain a cooking device that uses electricity, gas, or a flame, the SEM shall forward the sub-permit application to the fire rescue department. The fire rescue department must approve the issuance of a sub-permit in order for the temporary structure to be permitted; and
(4)Where the structure is 100 square feet or larger and will be located inside of a city park, the SEM shall forward the subpermit application to the department of parks and recreation, and the department's commissioner must provide written approval of the structure, including its location, in order for the temporary structure to be permitted.
(e)For any temporary structure that is listed in section 142-41(a)(1), (2), (3), or (5), a subpermit shall be granted only if the temporary structure is certified as flameproof by the fire rescue department's fire marshal's office.
(f)All temporary structure sub-permits shall be issued based on the plans submitted with the sub-permit application, but shall be subject to inspection upon actual set-up of the temporary structure, and are subject to revocation if the city determines that public safety is jeopardized. A report of the results of said inspection(s) shall be submitted to the SEM. For temporary structures that are 120 square feet or larger, the director of the bureau of buildings, or her/his designee, and the fire chief, or her/his designee, shall make a complete inspection of the erected temporary structures and premises to determine their safety. Said city officials shall make certain that the proper equipment and exits are installed for the safety of the public. The fire chief shall place such officers and members of the fire rescue department around the premises as the fire chief deems necessary. The police chief shall assist the fire chief in carrying out the fire chiefs' orders and instructions.
(g)In the event that a permitted temporary structure shall be located in the public right-ofway, the SEM shall send written notice of this fact to the department of police within three business days of the issuance of the sub-permit. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 201327(13-O-1088), § 4, 6-26-13)
§ 142-42
Water sub-permit.
Sec. 142-42. Water sub-permit.
(a)A water sub-permit is required for all Class A, B, and C outdoor festivals and all assemblies that include organized group movement from one location to another, including without limitation races, walks, marches, and parades.
(b)There is no fee for a water sub-permit.
(c)The water sub-permit application shall be submitted to the SEM with the outdoor event application.
(d)The SEM shall forward the water subpermit application to the fire rescue department's special operations division. The fire rescue department shall be the sole decision-maker of whether to issue the sub-permit. In determining whether to approve or deny the sub-permit application, the fire rescue department shall determine solely whether the applicant has met the fire rescue department's standards regarding availability of free water to outdoor event attendees. The fire rescue department shall create a set of standards by which it determines whether the availability of free water is acceptable, and shall apply the standards uniformly for all applicants. (Ord. No. 2006-66, § 15, 9-26-06)
Secs. 142-43—142-49. Reserved.
ARTICLE V. OUTDOOR FESTIVALS
§ 142-50
Title.
Sec. 142-50. Title.
This article shall be known as the outdoor festivals article, which is a subsection of the outdoor events chapter. All of the definitions, requirements and other provisions set forth in article I through article IV of this chapter shall apply to the outdoor festivals article. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-51
Additional definitions.
Sec. 142-51. Additional definitions.
In addition to the words, terms and phrases set forth in section 142-2 above, the following words, terms and phrases, shall have the meanings ascribed to them below, except where the context clearly indicates a different meaning:
(a)Certification shall mean a signed document by the applicant attesting that a notice of intent to hold an outdoor festival has been sent by registered mail or by hand delivery to the city council president and the district council member for the areas affected by the outdoor festival.
(b)Commercial means any part of the net earnings derived from the outdoor festival or from any publicity or promotion resulting from the outdoor festival inures to the benefit of any private shareholder, individual or for-profit corporation, as such term is defined by the Official Code of Georgia.
(c)Festival gathering area means the entire area of the outdoor festival for which the host is responsible under the terms of this article V, including the following elements: the festival production area, all vending locations connected with the outdoor festival, the area where the anticipated crowd can reasonably be expected to locate itself upon arrival at the outdoor festival, and a perimeter in every direction from the outer limits of the foregoing elements a distance of:
(1)The greater of three blocks or 1,500 feet for all Class A events.
(2)The greater of two blocks or 1,000 feet for all Class B events.
(3)The greater of one block or 500 feet for all Class C events.
(4)200 feet for Class D and E events.
All of the area within this perimeter shall be considered part of the festival gathering area; provided, the festival gathering area will not extend beyond physical features such as walls, ravines, railroad tracks and major highways, which presence creates a true and actual barrier to outdoor festival attendees.
(d)Festival monitor means the person(s) employed by the city to act as a liaison between and among the city and its departments and offices, conservancies, and the host during the outdoor festival, beginning with the set-up phase of the outdoor festival and continuing until the completion of the cleanup phase of the outdoor festival. The festival monitor is supervised by the SEM, except that the SEM shall not supervise those employees of the department of parks, recreation, and cultural affairs that are monitoring the set-up and take-down of an outdoor festival located in a park.
(e)Festival production area means the area or areas, not necessarily contiguous to each other, which are central to the production of the outdoor festival, and which are erected and/or utilized by the host for the production of the outdoor festival, including, but not limited to, stages, barricades, parked vehicles, booths, tents or other temporary or permanent structures, and/or utility poles, and including but not limited to the area immediately surrounding those items and/or locations.
(f)Internal security plan means a plan submitted by the applicant to the SEM, along with the outdoor festival application, that sets forth the applicant's plans for providing security to public and private property, performers, entertainers, exhibitors, speakers, attendees, or other persons in the festival gathering area. The term Internal Security Plan does not apply to any plan for public safety personnel necessary to provide for the protection of an outdoor festival and its attendees from hostile members of the public or counter-demonstrators, or for traffic control outside the festival gathering area, or for general law enforcement in the vicinity of the festival gathering area.
(g)Noncommercial means the net earnings derived from the outdoor festival or from any publicity or promotion resulting from the outdoor festival inure exclusively to the benefit of any group, organization or civic league that: 1) is not organized for profit; and 2) is operated for, and whose proceeds are expended exclusively in support of charitable, educational, religious, scientific, social welfare, or literary purposes; and 3) has no part of its net earnings inuring to the benefit of any private shareholder, individual or for-profit corporation, as such term is defined by the Official Code of Georgia.
(h)Outdoor festival means an outdoor public celebration or gathering which lasts for greater than three hours, and:
(1)Meets the definition of outdoor event; and
(2)Lasts for 90 or fewer consecutive days; or lasts for 13 or fewer consecutive weeks where the outdoor event occurs on no fewer than three days out of each consecutive week. Outdoor events that do not meet one of these criteria shall be treated as separate outdoor events; and
(3)Is reasonably expected to have more than 250 people gather in a public park and/or on a public street and/or on other public rights-of-way owned by or located in the City of Atlanta; or is reasonably expected to have more than 500 people gather on privately-owned property; and
(4)Includes entertainment, amusement rides, dancing, music, dramatic pro-ductions, art exhibitions, other exhibits or displays, parades, road races, the sale of merchandise, the sale of food and/or alcohol, or any combination of the foregoing; and
(5)Requires the erection of stages, barricades, utility poles, booths, tents, or other temporary structures, or the use of parked vehicles or of permanent structures, or any combination of the foregoing; and
(6)By necessity, as determined by the chief of staff, requires for its successful execution the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances; and
(7)Is not an outdoor event where the entire duration of the outdoor event involves organized movement from one location to another, such as a parade, including preparation for or clean up of the same, unless the moving outdoor event is contained completely within a city park and does not require the blocking off of any part of the park.
(A)Where an outdoor event meets the definition of outdoor festival, and includes a discreet component whereby there is organized group movement from one location to another at least in part on public property, for example a parade, the moving component only shall be treated as an assembly, as described in article VI of this chapter the applicant must receive an assembly permit for the moving component of the outdoor event if:
i)the moving component occurs, at least in part, in a park, on public streets, sidewalks, other public rights-of-way, or other nonpark public property; and
ii)the moving component requires closure of all or part of a park, a public street, sidewalk, other public right-of-way, and/or other non-park public property for public safety purposes, as determined by the department of parks and/or police.
In addition, the applicant must receive an outdoor festival permit for the non-moving component of the outdoor event.
(B)Where an outdoor festival requires an assembly permit for a moving component of the outdoor festival, the applicant shall submit its assembly application to the SEM at the same time it submits its outdoor festival application.
(C)Where an outdoor event meets the definition of outdoor festival, except that it involves movement from one location to another, and said movement is not a discreet component of the outdoor event but rather the sole or primary focus of the outdoor event, the entire outdoor event shall be deemed an assembly, not an outdoor festival.
(i)Site plan shall mean a map showing in detail the layout of the outdoor festival area, showing the festival production area in detail, and specifying the boundaries of the overall festival gathering area. The site plan shall also include the location of portable toilets to be provided, and show the number of such toilets at each location, the location of tents and all other temporary structures, first aid stations, EMS mobile personnel, ambulances, public water sources, vendors, activity areas, staging areas, stages, trash receptacles, fencing (if applicable), entry and exit points if the outdoor festival is gated, and any other items requested by the SEM. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-52
Overview of outdoor festival requirements.
Sec. 142-52. Overview of outdoor festival requirements.
(a)The outdoor festivals article applies to outdoor events occurring on public and/or private property.
(b)Any person, organization, corporation or other group wishing to have an outdoor festival must obtain an outdoor festival permit. The procedure for obtaining an outdoor festival permit is set forth in subsection (d) below.
(c)To obtain an outdoor festival permit, the applicant shall submit all required documents and fees to the SEM, including but not limited to an outdoor festival application and any necessary sub-permit applications, an internal security plan (see section 142-55 below), a site plan, and a certification (see section 142-56 below). The only application that shall not be filed with the SEM is an application for the applicant to receive a cityissued liquor license, as set forth in section 142-32 above.
(1)The outdoor festival application must be accompanied by a non-fundable application fee, the amount of which is set forth in section 142-60(a) below.
(2)The outdoor festival application must be filed at least 90 days prior to the beginning of the outdoor festival.
(3)The applicant must meet all requirements set forth in articles I through IV of this chapter, including but not limited to submitting sub-permit applications and fees where necessary.
(4)Where the outdoor festival is scheduled to last for greater than one calendar week, the applicant must obtain a new outdoor festival permit for each new calendar week.
(A)The outdoor festival classification for each of the outdoor festival permits, as described in section 142-59 below, shall be determined based upon the total number of people anticipated to attend the outdoor festival over the entire duration of the week for which the permit is being issued. An outdoor festival fee shall be paid for each permit.
(B)The applicant must submit to the city only one outdoor festival application and only one application fee, regardless of the number of weeks over which the outdoor festival occurs.
(d)Outdoor festival permits include the right to vend, and the applicant need not obtain a separate vending permit. This right to vend does not preclude authorized vendors from vending at their authorized locations during the outdoor festival. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-53
Festival districts.
Sec. 142-53. Festival districts.
(a)Festival districts are hereby established as shown on the map included at the end of this chapter, which delineates the boundaries of such districts. The map showing such boundaries shall be available at all times from the SEM for review by applicants and the general public.
(b)The purpose of such festival districts shall be to establish the policy of the city with regard to the allocation of its resources and with regard to the burdens placed upon the different neighborhoods and areas of the city. The city, in determining the location and boundaries of such districts, shall include in each such district one or more outdoor festival sites, such as parks. The city shall also consider the location and boundaries of police zones, where appropriate.
(c)No more than one Class A or Class B outdoor festival shall be permitted to occur in the same festival district at the same time, nor within 100 yards of another outdoor festival of a Class A or Class B size, if outside the same district.
(d)The chief of staff, after consultation with the SEM, the commissioner of the department of parks and recreation, and the chief of police, or their designees, may designate certain festival districts as having special limitations, such as a limitation on the frequency of permitted outdoor festivals within a particular district or within a particular park or special event site, if in the opinion of the chief of staff there are special considerations warranting such limitations, such as traffic, public safety, or limitations contained in any master plan adopted by the city council for such venue or district. Any such limitations, to be effective, must be noted in writing by the chief of staff on the face of the festival district maps provided for in subsection (a) above, and shall be separately signed and dated by the chief of staff. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 201327(13-O-1088), § 4, 6-26-13)
§ 142-54
Festival monitors.
Sec. 142-54. Festival monitors.
(a)The city shall hire festival monitors to staff Class A, B, and C outdoor festivals, and may hire festival monitors to staff other outdoor festivals if the chief of staff or her/his designee deems there is appropriate reason to do so. Festival monitors shall be assigned to each of these permitted outdoor festivals by the SEM. Wherever possible, festival monitors will be assigned to the same festival district for consistency. At all times and for each shift when an outdoor festival is being staffed by festival monitors, the SEM shall designate one of the festival monitors as the senior monitor. The host shall provide the senior monitor with a phone number at which the host or her/his designee can be reached at all times throughout the outdoor festival, including without limitation set-up and take-down of the outdoor festival.
(b)It shall be the festival monitors' responsibility, in coordination with the SEM, to monitor the activities of the host and those working with the host on the outdoor festival site, in order to insure that the terms and conditions of the outdoor festival permit are observed, except that where the outdoor festival is located in a park, the office of parks shall be responsible for monitoring the set-up and take-down of the outdoor festival. In the event of a material violation of the outdoor festival permit or of this chapter, or of an applicable law, whereby the festival monitor reasonably believes that the violation constitutes a threat to public safety or to the public welfare, the festival monitor is authorized to report the violation to the appropriate public safety, law enforcement or appropriate department personnel for immediate action. In the event of other material violations, the festival monitor shall make a written report of such violation and shall submit such report to the senior monitor as quickly as possible. The senior monitor shall:
(1)inform the host verbally of the need to remedy the violation immediately;
(2)provide the host with a copy of the festival monitor's written report; and
(3)submit a copy of the written report to the SEM for consideration in future applications by the outdoor festival's applicant or host. However, notwithstanding the requirement of making such written reports and following the protocol above, the each festival monitor shall be authorized to require the host to cease and desist the action or behavior that is in violation of the outdoor festival permit, of this chapter, or of any applicable law.
(c)A festival monitor trust fund shall be established and maintained such that after receiving of an outdoor festival permit fee, the trust fund shall accept a portion of such fees to accomplish the purposes set forth in this section. The festival monitor trust fund may also be utilized to pay the costs of assigning one City of Atlanta Fire Rescue Emergency Medical Technician and one City of Atlanta Fire Marshal or Fire Inspector to an outdoor event, as set forth in section 142-21(f) of this chapter. The trust fund shall be managed by the chief of staff or her/his designee. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-55
Internal security plan.
Sec. 142-55. Internal security plan.
(a)All applicants for an outdoor festival must submit an internal security plan that is approved by the chief of police or her/his designee prior to being issued an outdoor festival permit.
(b)For Class A, B, and C outdoor festivals, the applicant must have at least one security officer for every 1,500 anticipated attendees at any given time. These officers must all be off-duty law enforcement officers. The chief of police or her/his designee shall have the authority to require more off-duty law enforcement officers per anticipated attendees, as long as such determination is made pursuant to the criteria set forth in subsection 142-55(g) below.
(c)The applicant may use private security guards or "t-shirt" security in the festival production area in addition to, but not in lieu of, the number of off-duty law enforcement officers required by the chief of police or her/his designee.
(d)The internal security plan must show that all off-duty law enforcement officers utilized by the applicant have jurisdictional authority to enforce city ordinances and state law. In addition, the internal security plan must show that all off-duty law enforcement officers to be used for internal security are POST-certified. In the event that the applicant can document her/his attempts and inability to retain the required number of POST-certified personnel, the chief of police or her/his designee shall permit the applicant to utilize private security personnel, but only to the extent that the applicant can not obtain POSTcertified off-duty law enforcement officers.
(e)The internal security plan must show that all private security personnel contracted for by the applicant, if any, are licensed by the State of Georgia Board of Private Detective and Security Agencies, and are employed by companies licensed by the State of Georgia Board of Private Detective and Security Agencies.
(f)No active Atlanta Police Officer may author an internal security plan for an outdoor festival unless that officer is the applicant for such outdoor festival. S/he may, however, advise an applicant on security issues, including without limitation the internal security plan. The internal security plan must list all persons who participated in creating the internal security plan, including without limitation all Atlanta Police Officers who gave advice regarding or participated in developing the plan. No officer who gave advice regarding or participated in developing the internal security plan may have any role in determining whether the internal security plan should be approved.
(g)Upon receiving the internal security plan, the SEM shall forward the plan to the Atlanta Police Department. The chief of police or her/his designee shall be responsible for determining whether to approve or deny the Internal Security Plan. In determining the adequacy and appropriateness of any internal security plan, the chief of police or her/his designee shall be guided solely by considerations of the number and qualifications of off-duty law enforcement officers necessary to provide internal security to the festival gathering area, as indicated by experience with similar events. To this end, the police chief or her/his designee may consider the advice and counsel of public safety professionals and persons with expertise in handling or promoting similar events. Consideration of similar events shall include, without limitation, consideration of the location, the time of day or night, the sale or non-sale of alcohol, the number of locations of alcohol sale/ distribution if any, the number of street closings if any, the internal security needs of similar events, and the internal security needs of other outdoor events sponsored by the host. This consideration shall not include the message of the proposed outdoor festival, the content of any speech, the identity or associational relationships of the applicant and/or host, nor any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or message conveyed by the proposed outdoor festival. The police chief or her/his designee shall forward the decision regarding the internal security plan to the chief of staff within 20 business days of receiving a copy of the plan. The chief of staff shall not issue an outdoor festival permit until s/he receives written approval of the internal security plan from the police chief or her/his designee. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-56
Certification.
Sec. 142-56. Certification.
A copy of the certification, without the attachments, shall be submitted to the SEM with the outdoor festival application. If the notices are delivered by hand, a receipt must be obtained from the recipient. The applicant should retain these receipts and/or the registered mail receipts and be prepared to produce them to the SEM upon demand. The applicant may notify the council president and the affected district council member by email provided all such emails are copied to the SEM. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-57
Review of application.
Sec. 142-57. Review of application.
Upon receipt of the completed outdoor festival application and application fee required in section 142-60(a) below, the SEM shall forward copies of the application to the departments of police, fire and rescue, public works, transportation, parks, recreation and cultural affairs, planning and community development, the downtown ambassadors, and any impacted conservancies who have current unexpired agreements with the city in those cases where the festival is in a park, for their review. A copy shall also be forwarded to the council member representing the district in which the outdoor festival is proposed to be held, and to the council president. The persons designated in each such department for such review shall review the application, endorse their comments thereon, including the number of extra personnel hours estimated to be required for each department, and return the comments to the SEM within five business days from receipt. The SEM shall retain the forwarded comments in the application's file. In addition, within five business days of receipt of the application, the SEM shall arrange to have consideration of the application placed on the appropriate NPU agenda as expeditiously as possible. At said NPU meeting, the applicant shall present information about the outdoor festival to the NPU. The applicant must receive a recommendation from the NPU regarding the approval of the outdoor festival permit, and the SEM shall retain the recommendation and any related comments from the NPU in the application's file. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 2020-34(20-O-1382), § 11, 6-23-20)
§ 142-58
Considerations regarding approval or denial of an outdoor festival permit.
Sec. 142-58. Considerations regarding approval or denial of an outdoor festival permit.
The chief of staff and any other city representative evaluating an outdoor festival application, shall be guided by the factors set forth in section 142-12 above in determining whether to approve an outdoor festival permit, whether to approve the time, manner and place requested, whether to deny the permit as requested and propose a modified time, manner and place, or whether to deny the permit altogether. In addition, the chief of staff shall consider the following criterion:
(a)No outdoor festival application shall be submitted to the SEM earlier than 60 days after the conclusion of an outdoor event that is the same as or substantially similar to the outdoor festival described in the new application. Any application in violation of this provision shall be denied.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-59
Outdoor festival classification.
Sec. 142-59. Outdoor festival classification.
Each outdoor festival shall be categorized as a Class A, Class B, Class C, Class D, or Class E outdoor festival. In addition, each outdoor festival shall be categorized as commercial or noncommercial.
(a)For classification purposes, the chief of staff shall evaluate the application by the anticipated number of persons attending the outdoor festival over the entire period of the outdoor festival. In estimating this number, no regard shall be given to any estimate of the number of persons who may be anticipated to be in the vicinity of the outdoor festival as counterdemonstrators or to show hostility to any message the outdoor festival may be perceived as having. Nor shall there be any consideration of any of the factors set forth in section 142-12(b) above. Unless such estimate shall appear to have been made in palpable bad faith or otherwise grossly in error, the chief of staff shall be guided by the estimate provided by the applicant. If the chief of staff determines not to adopt the estimate given by the applicant, s/he shall state the reasons in writing on the permit. The definition of each class of outdoor festival is as follows:
(1)Class A outdoor festival. An outdoor festival at which the attendance is anticipated to be 50,000 persons or more over the entire period of the outdoor festival.
(2)Class B outdoor festival. An outdoor festival at which the attendance is anticipated to be between 20,000 and 49,999 persons over the entire period of the outdoor festival.
(3)Class C outdoor festival. An outdoor festival at which the attendance is anticipated to be between 10,000 and 19,999 persons over the entire period of the outdoor festival.
(4)Class D outdoor festival. An outdoor festival at which the attendance is anticipated to be between 2,000 and 9,999 persons over the entire period of the outdoor festival.
(5)Class E outdoor festival. An outdoor festival on public property at which the attendance is anticipated to be between 250 and 1,999 persons over the entire period of the outdoor festival, or an outdoor festival on private property at which the attendance is anticipated to be between 500 and 1,999 persons over the entire period of the outdoor festival. In addition, where an outdoor event is anticipated to have fewer than 250 attendees on public property, or fewer than 500 attendees on private property, but otherwise meets the definition of outdoor festival, and where the outdoor event provides activities that are open to the public, for example entertainment or vending, such that the number of participants may thereby increase, the outdoor event may be considered a Class E outdoor festival.
(b)For the purpose of determining whether an outdoor festival is commercial or noncommercial, the chief of staff shall consider materials offered by the applicant. Should the applicant choose not to provide or be unable to provide documentation of its non-commercial status, the outdoor festival shall be assumed to be commercial. The non-commercial status of an outdoor festival shall be determined by:
(1)The existence of a determination letter from the Internal Revenue Service identifying the applicant as an entity recognized as one described in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986 (or as amended); or
(2)The review of tax returns filed by the applicant as it relates to the outdoor festival, showing that the proceeds of the applicant are expended exclusively in support of charitable, educational, religious, scientific or literary purposes, or for civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare; or
(3)The prior history of the outdoor festival over at least the past three years evidencing that the outdoor festival has consistently been noncommercial, as evidenced by past applications, conduct, previous related outdoor events, and/or appropriate documentation.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-60
Fees.
Sec. 142-60. Fees.
The application and permit fees for outdoor festivals shall be determined as set forth below. Nothing contained in this section shall authorize the chief of staff to determine and/or assess fees for an outdoor festival application or permit based on any of the criteria set forth in section 142-12(b) above. The fees to be charged for an outdoor festival application and permit shall be used strictly to reimburse the city for the costs of administration and other city services needed for the outdoor festival, and shall not be for the purpose of revenue production.
(a)Application fee. Every outdoor festival application shall be accompanied by the appropriate application fee. The application fee for each outdoor festival classification shall be as follows:
(1)Commercial outdoor festival.
Class A outdoor festival application fee = $150.00 Class B outdoor festival application fee = $150.00 Class C outdoor festival application fee = $100.00 Class D outdoor festival application fee = $100.00 Class E outdoor festival application fee = $ 100.00
(2)Non-commercial outdoor festival.
Class A outdoor festival application fee = $ 100.00 Class B outdoor festival application fee = $ 100.00 Class C outdoor festival application fee = $ 50.00 Class D outdoor festival application fee = $ 50.00 Class E outdoor festival application fee = $ 50.00
(b)Permit fee. After the chief of staff approves the issuance of an outdoor festival permit, the applicant may obtain such permit by agreeing to accept the classification and conditions imposed in accordance with this article and by paying the applicable outdoor festival permit fee, which fee shall be determined according to the following schedule:
(1)Commercial outdoor festival.
Class A outdoor festival permit fee = $ 15,000.00 Class B outdoor festival permit fee = $ 8,000.00 Class C outdoor festival permit fee = $ 5,000.00 Class D outdoor festival permit fee = $ 2,500.00 Class E outdoor festival permit fee = $ 500.00
(2)Non-commercial outdoor festival.
Class A outdoor festival permit fee = $ 9,000.00 Class B outdoor festival permit fee = $ 3,000.00 Class C outdoor festival permit fee = $ 1,500.00 Class D outdoor festival permit fee = $ 750.00 Class E outdoor festival permit fee = $ 250.00
(c)Refunds. The chief of staff determines the category of outdoor festival based upon the anticipated number of attendees, as described in section 142-59(a) of this chapter. The city shall not provide any refund of any portion of the outdoor festival application fee and/or permit fee in the event that the actual number of attendees is fewer than the anticipated number of attendees.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-61
Acceptance of outdoor festival permit.
Sec. 142-61. Acceptance of outdoor festival permit.
The chief of staff or her/his designee shall notify the applicant upon approval of the outdoor festival permit. The outdoor festival permit shall not be issued, and the applicant may not obtain the permit unless the applicant fulfills the conditions imposed by this chapter, including but not limited to the following:
(a)Payment of the applicable permit fee and any other fees required pursuant to this chapter.
(b)Proof of insurance.
(1)Prior to the issuance of a permit for any Class A, Class B, or Class C outdoor festival, the applicant must provide the SEM with a certificate of insurance evidencing a fully paid public liability damage insurance policy procured from a company licensed to do business in Georgia. This policy must protect the City of Atlanta, its officers, agents, the outdoor festival and its contractors from any and all claims, damages to property, and or bodily injury which may result from or in connection with any of the operations carried on by the host, and must list the City of Atlanta as an additional named insured. Insurance limit requirements are as follows:
(A)$1,000,000.00 bodily injury total;
(B)$500,000.00 bodily injury to any one person; and
(C)$100,000.00 property damage.
(2)The SEM shall forward the certificate of insurance to the city's bureau of risk management within three business days of receiving the certificate. The bureau of risk management shall review the certificate and provide written feedback to the chief of staff regarding the insurance coverage within ten business days of the bureau's receipt of the certificate. The outdoor festival permit shall not be issued until the bureau of risk management provides the chief of staff with written approval of the outdoor festival insurance coverage.
(c)Indemnification agreement. Prior to the issuance of an outdoor festival permit, the applicant must sign a statement agreeing to indemnify, defend, and hold harmless the City of Atlanta and its officers, agents and employees from any and all suits, claims, actions, liabilities of every kind, and damages to persons or property on claims that arise from the permitted event, unless the suit, claim, action, liability, or damages are caused by the negligence or intentional misconduct of the city, its officers, agents, or employees, or unless the applicant is prohibited by law from executing indemnification agreements.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-62
Notice of outdoor festival.
Sec. 142-62. Notice of outdoor festival.
Immediately upon the issuance of a Class A, B, or C outdoor festival permit by the chief of staff, the SEM shall send a copy of the permit to the following:
(a)The mayor;
(b)The council president;
(c)The council member of the affected district;
(d)The city attorney;
(e)The police chief;
(f)The fire and rescue chief;
(g)The commissioner of the department of parks and recreation;
(h)The commissioner of the department of transportation;
(i)The director of the office of solid waste services; and
(j)Commissioner of the department of city planning.
(Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 2013-27(13-O-1088), § 4, 6-26-13; Ord. No. 201714(17-O-1157), § 6, 4-26-17; Ord. No. 2020-34(20O-1382), § 12, 6-23-20)
§ 142-63
Prohibited conduct during outdoor festivals.
Sec. 142-63. Prohibited conduct during outdoor festivals.
Prohibited conduct for outdoor festivals that occur in city parks is set forth in Atlanta Code of Ordinances section 110-76. For all outdoor festivals not occurring in city parks, it shall be unlawful for any person to do any of the following acts, or to permit a minor child in her/his custody to do any of the following acts in the festival production area:
(a)Ride, drive or operate bicycles, motorcycles, mopeds or any other motor vehicles, or ride skateboards or skates. These items may be carried into or through the festival production area. This provision shall not apply to emergency medical personnel, nor to officials or employees of the City of Atlanta acting in their official capacity, nor to vendors restocking their merchandise, nor to vendors providing sanitation services for the outdoor festival. In addition, this provision shall not apply to outdoor festival workers.
(b)Bring in, carry, or in any way possess, play or operate any radio, musical instrument or similar device which is producing or reproducing sound in such a manner as to be plainly audible to other persons in the festival production area, other than the operator of the device. This provision shall not apply to persons performing in the outdoor festival. All radios and musical devices with earphones are permitted.
(c)Engage in outdoor cooking in any area except an area designated for grilling by the Atlanta Fire and Rescue Department. This provision shall not apply to authorized outdoor festival vendors.
(d)Be in possession of any alcoholic beverage at an outdoor festival located on public property, unless the alcoholic beverage was purchased or otherwise obtained from an authorized vendor of the outdoor festival.
(e)Pets are prohibited during Class A, B, and C outdoor festivals. Pets are permitted during Class D and Class E outdoor festivals. The pet prohibition set forth in this provision shall not apply to those animals where the animal's owner can demonstrate that the animal is part of a performance, exhibit, or other activity conducted as part of the outdoor festival. Nor shall said prohibition apply to any guide dog especially trained for the purpose of accompanying a totally or partially blind person or a deaf person, or a service dog especially trained for the purpose of accompanying a physically disabled person. Lastly, said prohibition shall not apply to any dog trained and licensed by and in the possession of the Atlanta Police Department or any other law enforcement agency, or a horse utilized by the city's mounted police patrol.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-64
Outdoor events at Hurt Park sponsored by Georgia State University.
Sec. 142-64. Outdoor events at Hurt Park sponsored by Georgia State University.
Hurt Park is located within the heart of the Board of Regents of the University System of Georgia by and on behalf of Georgia State University ("Georgia State University") campus. Based upon the unique programming needs of a vibrant campus, the following provisions shall apply to outdoor festivals and other outdoor events sponsored by Georgia State University at Hurt Park.
(a)Additional definitions. In addition to the words, terms and phrases set forth elsewhere in this chapter, the following words, terms and phrases, when used in this section 142-64 only, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
(1)90-day permit shall mean a nonexclusive 90-day outdoor festival permit issued by the City to Georgia State University that authorizes Hurt Park festivals and other outdoor events that are sponsored by Georgia State University.
(2)Permitted event shall mean an outdoor event that is performed pursuant to this section 142-64 and authorized by a 90-day permit, including without limitation outdoor festivals and large gatherings.
(3)Park shall mean Hurt Park, located in Atlanta at 25 Courtland Street N.E., at the intersection of Edgewood Avenue and Courtland Street.
(4)University shall mean Board of Regents of the University System of Georgia by and on behalf of Georgia State University.
(b)The university shall be allowed to obtain a non-exclusive 90-day outdoor festival permit from the city that will authorize all outdoor festivals and other outdoor events sponsored by the university in Hurt Park during that 90-day period, without notifying the city or receiving an individ-ual event permit for any specific large gathering, outdoor festival, or other outdoor event occurring during that time, subject to and except as set forth in the provisions established in this section 14264. The city may issue the 90-day permit at any time after receiving the university's application, without waiting for 90 days to pass. The university may apply for a new 90-day permit at least 30 days prior to the expiration of an existing 90-day permit, so that there is no lapse in the city's authorization of university events in the park. The university's new application shall highlight any changes from the immediately preceding application. Upon submission of its first 90-day permit application, the university shall pay to the city a $100.00 application fee. Thereafter an application fee will be required only if there is a material change in the university's application (other than the dates during which the permit is effective). Nothing in this section 142-64 shall require the city to grant the university a 90-day permit. The city shall have sole discretion regarding issuance of this type of permit, provided that a decision to deny the permit shall not be based upon any of the factors set forth in section 142-12(b).
(c)The university shall perform or provide the following for each permitted event:
(1)Sparks Hall shall be unlocked and available during each permitted event in order to provide access to lavatories and water fountains.
(2)The university fire safety officer shall perform all necessary banner permitting for permitted events. In addition, the university fire safety officer shall approve the fire safety plan for every permitted event, and may do so without review or approval from the city fire marshal if the permitted event:
a.Has tents that are no larger than ten feet by ten feet, or has no tents at all;
b.Has no tents that are closer together than 12 feet,
c.Has no grilling or other open flame activity, regardless of whether the activity is within or outside of tents:
d.Does not include use of fireworks;
e.Does not include exhibits with compressed gases, with flames or with ovens, such as glass blowing; and
f.Has fewer than 2,000 attendees.
(3)Where a permitted event does not meet all of the requirements set forth in subsection (c)(2)(a) through (f) above, the university shall submit a fire safety plan for the permitted event to the Atlanta Fire Rescue Department for a sub-permit. The plan must be submitted at least ten business days prior to the permitted event. In addition to other potential requirements, the Atlanta Fire Rescue Department shall mandate that the university provide one or more crowd control managers where expected attendance is greater than 2,000. The university will be required to monitor crowd size during the permitted event and respond appropriately should there be an unanticipated increase in participants or should an overcrowding condition arise. The university shall utilize its own fire safety officers to implement compliance with all fire safety laws.
(4)The university shall provide at least one first aid station and at least two emergency medical technicians-intermediate for a permitted event that exceeds 1,999 attendees. The University must submit a medical safety plan to the Atlanta Fire Rescue Department for a sub-permit where the permitted event exceeds 9,999 attendees.
(5)The university shall provide one 55gallon trash receptacle and one 55gallon recycling receptacle for every anticipated 100 attendees at the permitted event. Where the permitted event includes sale and/or distribution of food and/or beverages, the university shall increase this number to five trash and five recycling 55-gallon receptacles per 100 people. The university shall: monitor the waste and recycling receptacles throughout the permitted event to make certain that they do not overflow, and shall empty them as needed: dispose of refuse; dispose of recyclables to a location that processes them; at the conclusion of the permitted event, provide litter control and remove other debris from the park and from the areas within 200 feet surrounding the park; and pressure wash surfaces of the park after the permitted event if needed. Where a permitted event includes grilling, the university shall also provide coal disposal bins in the grilling area(s), and shall be responsible for safely disposing of the coals at the end of the permitted event.
(6)The university shall provide police coverage by university police officers or other post-certified public safety officers with a minimum ratio of the following:
a.For large gatherings with fewer than 250 attendees: The amount of police coverage (if any) shall be determined at the discretion of the university.
b.For large gatherings with greater than 250 attendees: One officer per 250 attendees.
c.For outdoor festivals: One officer per 250 attendees.
d.For a large gathering or outdoor festival that includes dis-tribution of free food as part of the event: One officer per 100 attendees.
e.For outdoor festivals that include consumption, distribution, and/or sale of alcohol: One officer per 100 attendees.
(7)Where a permitted event includes a lane or street closure, the university must submit a public safety plan for the permitted event to the Atlanta Police Department for a sub-permit. In addition to other potential requirements, the Atlanta Police Department will mandate that the university provide one or more traffic control officers to monitor the closure. The officers must be either university police officers or other post-certified public safety officers.
(8)Immediately prior to the submission of each 90-day permit application, the university shall submit plans to the city's bureau of buildings regarding the stage and/or other temporary structures that may be utilized during permitted events, but only if the university's plans have changed since the previous 90-day permit was issued. Where no changes have been made, the university shall provide a letter to that effect to the city's bureau of' buildings. The bureau of buildings will determine which structures may be permitted for the full 90 days, even if the university has not made changes to its plans. The bureau of buildings will provide the temporary structure sub-permit to the university, and the university will present the sub-permit to the mayor's office of special events to be included with the university's 90day permit. For temporary structures that are not covered by the 90-day permit, the university must receive a temporary structures subpermit from the bureau of buildings prior to use.
(9)The university may, use amplified sound during permitted events, but only on weekends and federally recognized holidays. and on weekdays between 12:00 p.m. through 1:30 p.m. and from 6:00 p.m. through 11:00 p.m. At all other times, any and all sound produced by a permitted event may not be plainly audible outside the perimeter of the park.
(10)No alcohol shall be allowed in the park except during outdoor festivals. Where an outdoor festival includes consumption, distribution, and/or sale of alcoholic beverages, the university shall obtain all necessary licenses and permits from the governmental jurisdictions of purview.
(11)Where an outdoor festival includes an amusement and/or ride, the university must submit an amusement sub-permit application to the office of parks and the bureau of buildings and receive a sub-permit from each as applicable.
(12)Except as described herein, the university shall not be required to obtain any further sub-permits for its permitted events unless set forth in writing by the chief of staff or her/his designee, after consultation with the university.
(d)The university shall abide by the following rules throughout the duration of each 90-day permit:
(1)Hurt Park shall remain a park that is owned by the City of Atlanta and the university shall keep the park open to the public at all times, including without limitation during events authorized pursuant by the 90-day permit. This provision notwithstanding, the city shall have the right to close Hurt Park at its discretion; provided, however, the city provides reasonable prior notice to the university as may be practicable.
(2)The university shall abide by the United States Constitution's First Amendment, and shall not interfere with speech and other forms of expression protected thereby, except as otherwise authorized by the First Amendment and resulting applicable case law.
(3)The university shall be responsible for making certain that all permitted events comply with the applicable laws and rules established by the Fulton County Health Department.
(4)The university shall comply with all other applicable laws, including without limitation the city's laws regarding conduct prohibited inside of city parks. The university shall enforce such prohibitions amongst all attendees of permitted events.
(5)The rules set forth in this outdoor events chapter shall apply to all permitted events, except to the extent that those rules are specifically modified by this section 142-64. These rules shall include, without limitation, reimbursement of the city for the cost of restoration services and supplemental services should they be required.
(6)The city may permit other outdoor festivals or outdoor events in Hurt Park, which are not sponsored by the university, but will communicate closely with the university to avoid scheduling conflicts. The university will not be responsible for providing any services during non-university events, except as otherwise agreed upon by the university and the city.
(7)The city shall provide an updated calendar to the university indicating all non-university festivals and other outdoor events that have received a permit to occur in Hurt Park, including the date, time, nature and anticipated attendance of the event. The city shall provide the university with at least 30 days advance notice of outdoor festivals and at least 21 days advance notice of large gatherings. The university shall not hold any large gatherings or outdoor festivals in the park during permitted non-university events therein (unless it obtains the city's prior written consent), provided that the city gives the university the prescribed advance notice. The university shall provide the city, as soon as practicable, any events that should be added to the calendar. The city will assume that any other large gathering or outdoor festival that occurs in Hurt Park is a university sponsored permitted event, and the university shall be responsible for all restoration or other repair costs arising there from, unless the university notifies the Chief of the Atlanta Police Department, or her/his designee, both by email and by telephone, that an unauthorized event is occurring. The notice must occur while the event is in progress. Where the university provides such notice, and where the event was in fact not sponsored by the university, or one of its departments/units, or a student group or organization officially recognized by the university, the university shall not be responsible for restoration and repair costs arising from the event.
(e)The university shall be required to pay the city for all applicable sub-permit fees, including without limitation street closure sub-permits and temporary structure sub-permits. The city shall also charge the university a permit application fee, but only as described in subsection 142-64(b) above. The city shall not charge the university any permit fees for its Hurt Park outdoor events, but only if the university provides certain maintenance and other services for Hurt Park, as spelled out in a memorandum of understanding between the city and the university. Where the memorandum of understanding fails to be in effect for three consecutive months or more, the university may not receive a new 90-day permit until a memorandum of understanding is executed.
(f)The city shall have the right to modify the requirements set forth in this section for any particular permitted event based upon the description of the permitted event and reasonable safety, sanitary, park maintenance, or other similar issues related thereto, provided that those reasons are compliant with the regulations set forth in code section 142-12(b).
(Ord. No. 2010-44(10-O-1220), § 1, 7-27-10)
Secs. 142-65—142-79. Reserved.
ARTICLE VI. ASSEMBLIES*
§ 142-80
Title.
Sec. 142-80. Title.
This article shall be known as the assembly ordinance, which is a subsection of the outdoor events ordinance. All of the definitions, requirements and other provisions set forth in article I through article V of this chapter shall apply to the assembly ordinance. (Ord. No. 2009-04(08-O-2030), § 1, 1-31-09)
§ 142-81
Definitions and clarifications.
Sec. 142-81. Definitions and clarifications.
In addition to the words, terms and phrases set forth in sections 142-2 and 142-51 above, the following words, terms, and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a)"Assembly" means any outdoor event that:
(1)Involves an organized group that: moves from one location to another upon any city street, sidewalk, park *Editor’s note—Ord. No. 2009-04(08-O-2030), § 2, approved January 31, 2009, repealed Art. VI, §§ 142-80— 142-86, which pertained to assemblies. Section 2 also enacted provisions designated as a new Art. VI, §§ 142-80—142-88, to read as herein set out. See also the Code Comparative Table.
or other city-owned right-of-way; has a common purpose, design, destination or goal; and consists of persons, animals or vehicles, or a combination thereof. Examples include without limitation a march, parade, promenade, or procession of any kind. Should the moving outdoor event be immediately followed by one hour or less of stationary activity, such as a speaker, the stationary activity shall be deemed part of the moving activity. Where the stationary activity exceeds one hour, it shall be deemed a separate outdoor event that requires separate permitting if applicable; and
(2)Requires the temporary closure or obstruction of all or a portion of any city street, sidewalk, park or other city-owned right-of-way. When at least a four-foot width of sidewalk remains unobstructed during an outdoor event, and where the Atlanta Police Department and/or the department of transportation determine that the sidewalk will be passable during said outdoor event, no temporary closure of said sidewalk shall be required; and
(3)Meets at least two of the following three criteria: (A) Has greater than seventy-four people; (B) Travels for greater than two blocks if on a city street or sidewalk, or is in a city park; and (C) Moving portion of the outdoor event lasts for greater than one hour; and
(4)Does not fit into any of the following exclusions:
(A)Funeral processions;
(B)Students going to and from school classes or participating in education classes, provided this conduct is under the immediate direction and supervision of the proper school authorities; or
(C)A governmental agency acting within the scope of its agency; or
(D)The city street, sidewalk, park and/or city-owned right-of-way being closed is adjacent to property owned by another governmental entity, and/or owned by an accredited college or university, on which an event is occurring at approximately the same time that the city property is being closed.
(b)"Block" means one side of a rectangular area surrounded by streets and usually containing buildings, measured from corner to corner.
(c)"Street closure permit" means the permit that is required for any non-constructionrelated event, of any size, indoor or outdoor, for which all or a portion of: (1) any city street including without limitation a lane, and/or (2) any other cityowned right-of-way other than sidewalks, and/or (3) any city street and/or right-ofway (or portions thereof) plus the adjacent sidewalk(s), will be temporarily closed or obstructed, and where the event does not meet the definition of "assembly" or fit into any of the exceptions listed in section 142-81(a)(4) above.
(d)"Sidewalk closure permit" means the permit that is required for any nonconstruction-related event, of any size, indoor or outdoor, for which: (1) all of any city sidewalk will be temporarily closed or obstructed; or (2) a portion of any city sidewalk will be temporarily closed or obstructed, such that the closure or obstruction leaves less than a four foot width of the sidewalk unobstructed, and/or the department of transportation and/or the Atlanta Police Department determines that the sidewalk will not be passable during said closure or obstruction; and 3) the event does not meet the definition of "Assembly" or fit into any of the exceptions listed in section 142-81(a)(4) above.
Where the sidewalk is closed for the reasons set forth in this subsection 14281(d), but said sidewalk is adjacent to a street or other right-of-way that will be closed pursuant to a street closure permit, the sidewalk closure shall be included in the street closure permit, and no separate sidewalk closure permit shall be required.
(e)Clarifications: Necessity of assembly permit versus street closure permit or sidewalk closure permit during certain types of events.
(1)Where an outdoor festival or large gathering: i) has a discreet component that involves organized group movement from one location to another, and ii) the organized group movement meets the definition above of assembly, then the moving component alone shall be considered an assembly. The applicant must receive an outdoor festival permit or large gathering permit, as appropriate, for the nonmoving component of the outdoor event, and an assembly permit for the moving component of the outdoor event.
(2)Where an outdoor event: i) requires the closure of a city street, sidewalk, park, or other right of way; and ii) meets the definition of outdoor festival or large gathering, except that it involves movement from one location to another; and iii) said movement is not a discreet component of the outdoor event but rather the sole or primary focus of the outdoor event, then the entire outdoor event shall be deemed an assembly, not an outdoor festival or large gathering, and an assembly permit shall be required.
(3)Where an outdoor event: i) meets the definition of outdoor festival or large gathering; and ii) is nonmoving, and requires the temporary closure or obstruction of all or a portion of any city street, sidewalk, park or other public right-of-way, (e.g. a block party, or an outdoor festival on private property that expands into the sidewalk and/or street), except for within one hour after the moving component of an assembly ends as described in subsection 142-81(a)(1), then the host must obtain a street closure permit and/or sidewalk closure permit for the closure in addition to the outdoor festival permit or large gathering permit, as appropriate.
(4)Where any event that is not an assembly: i) is permitted or unpermitted; and ii) is indoor and/or outdoor; and iii) requires the temporary closure or obstruction of all or a portion of any city street, sidewalk, park or other public rightof-way; and iv) where the closure will accommodate something that is incidental to the event rather than part of the event (e.g. a party inside of a residence or other building requires closure of a street to accommodate parking or to accommodate an entranceway for guests), then the host must obtain a street closure permit and/or sidewalk closure permit for the closure.
(Ord. No. 2009-04(08-O-2030), § 1, 1-31-09; Ord. No. 2020-34(20-O-1382), § 13, 6-23-20)
§ 142-82
Overview of assembly requirements.
Sec. 142-82. Overview of assembly requirements.
(a)The assembly ordinance applies to outdoor events occurring at least in part on public property.
(b)Any person, organization, corporation or other group wishing to have an assembly must obtain an assembly permit. No person shall engage in, participate in, aid, form or start any assembly, unless an assembly permit has been obtained from the city.
(c)The procedure for obtaining an assembly permit is as follows:
(1)Unless the assembly is associated with an outdoor festival as described in sec-tion 142-81(c)(1), the applicant shall submit all required documents and fees to the SEM no fewer than 30 days prior to the assembly, including but not limited to an assembly application, any necessary sub-permit applications, and a map showing in detail the route to be traveled and the portions of streets, sidewalks and/or parks to be closed.
(A)In the event that a sub-permit application has a deadline greater than 30 days, the applicant shall abide by the requirements of the sub-permit, as set forth in Article IV above.
(B)Where the assembly is a discreet portion of an outdoor festival, as described in section 142-81(c)(1), the assembly application must be filed simultaneously with the outdoor festival application.
(C)There shall be no exceptions to the time deadlines set forth above, unless the timing of the assembly is based upon the occurrence of an identifiable event or decision, the date of which could not have been predicted with certainty, including but not limited to an announcement regarding a military action, an announcement of a court decision, or a death. If the assembly occurs within one week of the identifiable event, the 30-day requirement for filing the application shall be waived.
(i)The host or organizer of such an assembly shall file an assembly application with the SEM via hand delivery or email as quickly as possible. The application shall be considered as set forth in section 142-83.
(ii)This waiver shall not apply to sub-permit applications except for an emergency services subpermit, an amplification subpermit, and a banner subpermit.
(2)The applicant must meet all other requirements set forth in sections I through V of this chapter.
(3)The assembly application shall be accompanied by the appropriate application fee. For assemblies with an anticipated attendance of below 10,000 attendees, the application fee shall be $50.00. Assemblies with an anticipated attendance of 10,000 people or more shall have an application fee of $100.00. For purposes of this subsection, attendance shall be determined based upon the anticipated number of participants plus spectators, but in no event shall attendance be calculated based upon the anticipated number of counter-demonstrators.
(4)The assembly application shall be accompanied by a $100.00 refundable sanitation bond, or a sanitation bond of greater value as set forth in subsection 142-22(f)(3)(A). The sanitation bond requirement may be waived if the Host has performed or held an Assembly at least once during the past three consecutive years and completed all clean-up and cooperated fully with the city during each of these events.
(d)Assembly permits include the right to vend, and the applicant need not obtain a separate vending permit for activity occurring during the time that the assembly permit is in effect. (Ord. No. 2009-04(08-O-2030), § 1, 1-31-09; Ord. No. 2009-33(09-O-0805), § 8, 6-23-09)
§ 142-83
Additional considerations regarding approval of assembly permit.
Sec. 142-83. Additional considerations regarding approval of assembly permit.
The assembly permit shall be granted-at the discretion of the chief of staff after her/his consideration of the factors set forth in section 142-12 above, but only after s/he receives a security plan approved by the chief of police or her/his designee, an emergency services and fire safety plan approved by the fire chief or her/his designee, and a recommendation from the commissioner of the department of watershed manage-ment, the department of public works, the department of transportation and/or the department of parks and recreation, or any of their designees, as may be appropriate. In considering whether to grant the assembly permit, the chief of staff, the police and fire chiefs, and the commissioners mentioned above shall evaluate the public safety, traffic, and sanitation effects of such closing, and shall require that reasonable steps be taken, where possible, to minimize the adverse effect such closings may have upon the public. To minimize impact upon public safety and traffic, the police chief or her/his designee shall recommend denial of assembly requests where the outdoor event is to occur on a weekday that is not a federal holiday, unless s/he reasonably determines that the outdoor event will create negligible traffic delays and public safety concerns. Upon granting the assembly permit, the chief of staff shall authorize the closure of the appropriate city streets, sidewalks, rights of way, and/or parks, or portions thereof, to accommodate the assembly. (Ord. No. 2009-04(08-O-2030), § 1, 1-31-09; Ord. No. 2009-33(09-O-0805), § 9, 6-23-09; Ord. No. 2013-27(13-O-1088), § 4, 6-26-13; Ord. No. 202034(20-O-1382), § 14, 6-23-20)
§ 142-84
Contents of assembly permit.
Sec. 142-84. Contents of assembly permit.
In addition to those items set forth in section 142-13 above, if the assembly permit is granted, the permit must include, at a minimum:
(a)The location by streets and/or parks of any assembling areas for the assembly;
(b)The time at which units of the assembly will begin to assemble at the assembling area or areas, and the approximate conclusion time of the assembly;
(c)The maximum length of the assembly in miles or fractions thereof;
(d)The route to be traveled, turn by turn, and including the starting point and the termination point;
(e)The portions of the streets to be traversed that may be occupied by the assembly; and
(f)An attached map illustrating the exact route to be utilized by the assembly.
(Ord. No. 2009-04(08-O-2030), § 1, 1-31-09)
§ 142-85
Street closure permits and sidewalk closure permits.
Sec. 142-85. Street closure permits and sidewalk closure permits.
Any person, organization, corporation or other group wishing to temporarily close or obstruct all or a portion of a city-owned street or right-ofway, or a city sidewalk, for an event that is not an assembly and that does not fit within the exceptions of section 142-81(a)(4), must obtain a street closure permit or sidewalk closure Permit as applicable. No person shall engage in, participate in, aid, form or start any such event unless a street closure permit or a sidewalk closure permit has been obtained from the chief of police or her/his designee.
(a)Any person or entity wishing to obtain a street closure permit or a sidewalk closure permit shall submit a completed street or sidewalk closure permit application to the chief of police or her/his designee at least ten days prior to the event to guarantee review, and shall submit a $50.00 application fee therewith. The Atlanta Police Department will reasonably attempt to review an application submitted after that deadline, but only where said review does not interfere with other priorities of the department. No application fee for the street or sidewalk closure permit shall be due when said closure is part of an outdoor festival that is permitted or whose permit is pending. An application fee shall be due when the closure is part of a large gathering that is permitted or whose permit is pending.
(b)A street closure permit and a sidewalk closure permit may not be used to authorize an assembly.
(c)Street closure permits and sidewalk closure permits issued pursuant to this Article VI may not be used to authorize or accommodate valet parking.
(d)The street closure permit and sidewalk closure permit shall be granted at the discretion of the chief of police or her/his designee. The determination of whether to issue the permit shall be made after the decision-maker's consideration of the factors considered by the chief of staff regarding outdoor events, as set forth in section 142-12 above, and after an evaluation of the public safety and traffic effects of such closing.
(e)When granting a street or sidewalk closure permit, the chief of police shall require that reasonable steps be taken, where possible, to minimize the adverse effect that such closing(s) may have upon the public. To minimize impact upon public safety and traffic, the police chief or her/his designee shall recommend denial of a street closure permit application where the closure is to occur on a weekday that is not a federal holiday, unless s/he reasonably determines that the closure will create negligible traffic delays and public safety concerns.
(f)Upon granting the street closure permit or the sidewalk closure permit, the chief of police or her/his designee shall have the authority to close the appropriate city-owned streets, sidewalks, rights-ofway, or portions thereof, to accommodate the permit request.
(g)The police chief or her/his designee shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles at or near the location where the closure or obstruction will occur. The permit recipient, at the direction of the Atlanta Police Chief or her/his designee may be required to post cityapproved "no parking" signs in the designated locations. It shall be unlawful for any person to park or leave unattended any vehicle in violation of such signs.
(Ord. No. 2009-04(08-O-2030), § 1, 1-31-09; Ord. No. 2009-33(09-O-0805), §§ 6, 10, 6-23-09)
§ 142-86
Notice by the chief of police.
Sec. 142-86. Notice by the chief of police.
Within two business days of recommending the approval of an assembly permit or approving a street closure permit or a sidewalk closure permit, the chief of police or her/his designee shall send a copy of such recommendation or permit to the Clerk of the Atlanta City Council for distribution to the impacted councilmember, to the Chair of the Atlanta Planning and Advisory Board, and to the city coordinator of the NPU system for distribution to the neighborhood planning unit in which the closure is occurring. Said recommendation or permit shall include the streets, sidewalks, rights of way, parks, or portions thereof to be closed, and the dates and times of such closure. In addition, where a street closure permit or sidewalk closure permit is granted, the chief of police or her/his designee shall also notify the SEM, the fire chief, the commissioners of the department of parks and recreation, the department of watershed management, the department of transportation and the department of public works as appropriate. (Ord. No. 2009-04(08-O-2030), § 1, 1-31-09; Ord. No. 2013-27(13-O-1088), § 4, 6-26-13; Ord. No. 2020-34(20-O-1382), § 15, 6-23-20)
§ 142-87
Notice by the special events manager.
Sec. 142-87. Notice by the special events manager.
(a)In the event that the chief of staff grants an assembly permit, s/he shall be authorized to direct the police chief and/or the commissioner of the department of transportation and/or the commissioner of the department of parks and recreation, in writing, to close the appropriate streets, sidewalks, rights of way, and/or parks, or portions thereof, to accommodate the assembly. This written direction shall be sent by the SEM along with the copy of the assembly permit, as described in subsection (b) below.
(b)Within two business days of the issuance of an assembly permit by the chief of staff, the SEM shall send a copy of the permit to the following, or their designees:
(1)The mayor;
(2)The city attorney;
(3)The police chief;
(4)The fire chief;
(5)The commissioner of the department of parks and recreation;
(6)The commissioner of the department of public works;
(7)The commissioner of the department of city planning;
(8)The commissioner of the department of transportation;
(9)The Clerk of the Atlanta City Council for distribution to the impacted councilmember;
(10)The Chair of the Atlanta Planning and Advisory Board; and
(11)The city coordinator of the NPU system, for distribution to the neighborhood planning unit in which the assembly will occur.
(c)Where the police chief or her/his designee recommends approval of an assembly and the chief of staff denies the assembly, the SEM shall send notice of said denial within one business day to the Atlanta Chief of Police or her/his designee, to the Clerk of the Atlanta City Council for distribution to the impacted councilmember, to the Chair of the Atlanta Planning and Advisory Board, and to the city coordinator of the NPU system for distribution to the neighborhood planning unit in which the assembly was requested to occur. (Ord. No. 2009-04(08-O-2030), § 1, 1-31-09; Ord. No. 2013-27(13-O-1088), § 4, 6-26-13; Ord. No. 2017-14(17-O-1157), § 6, 4-26-17; Ord. No. 202034(20-O-1382), § 16, 6-23-20)
§ 142-88
Prohibited conduct during assemblies.
Sec. 142-88. Prohibited conduct during assemblies.
(a)No person shall unreasonably hamper, obstruct, impede or interfere with any assembly, or with any person vehicle or animal participating in or used in an assembly.
(b)No driver of a vehicle shall drive between the vehicles or persons comprising an assembly when the vehicles or persons are in motion and are conspicuously designated as an assembly, unless specifically authorized to do so by Atlanta Police Department Personnel.
(c)The police chief shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles at or near the location where an assembly is being conducted, and/or along the route of an assembly. The host, at the direction of the Atlanta Police Chief or her/his designee shall post Atlanta Police Department approved "no parking" signs in the designated locations at least 48 hours prior to the time that the street will be closed. It shall be unlawful for any person to park or leave unattended any vehicle in violation of such signs. A person will be liable for parking on a street only if "no parking" signs are posted.
(d)It shall be unlawful for any person at any assembly to carry or possess any weapon, as defined below. For purposes of this article, and notwithstanding any other provisions of this Code, "weapon" means any pistol, rifle, shotgun or other firearm of any kind, whether loaded or unloaded, air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap(s), knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, chains, crowbar, hammer, or any club, bludgeon or any other instrumentality used, or intended to be used, as a dangerous weapon.
(e)It shall be unlawful for any person to carry or possess at any Assembly, any sign, poster, plaque or notice unless such sign, poster plaque, or notice is constructed solely of a cloth, vinyl, paper or flexible cardboard material no greater than one-quarter (1/4) inch in thickness.
(f)It shall be unlawful for any person to carry or possess at any assembly, any length of lumber, wood or wood lath unless it is one-fourth (1/4) inch or less in thickness and two inches or less in width or if not generally rectangular in shape, such object shall not exceed three-quarters (3/4) inch in its thickest dimension. Both ends of the length of lumber, wood or wood lath shall be blunt and shall not be pointed. Exceptions from this section include (1) lumber or wood used to support or control puppets, so long as the lumber or wood is not detached from the puppets; and (2) stilts, defined as two poles with footrests off the ground on which someone balances or walks, so long as each stilt does not exceed 15 feet in length and two inches by two inches in width.
(g)It shall be unlawful for any person to carry or possess at any assembly, any length of metal, or other similar hard or stiff material, whether solid or hollow, unless the person is carrying a flagpole and is a participant in a portion of the assembly that utilizes flags.
(h)It shall be unlawful for any person to carry or possess at any Assembly any length of plastic, except that hollow plastic may be used to support a sign, banner, placard or other similar display if: (1) the hollow plastic does not exceed three-quarter (3/4) inch in its thickest dimension; (2) the hollow plastic does not exceed one-eighth (1/8) inch in wall thickness; (3) the hollow plastic is not filled with any material, liquid, gas or solid; and (4) both ends of the length of the hollow plastic shall be blunt, and not pointed.
(i)It shall be unlawful for any person to carry or possess at any assembly, glass bottles, glass jars or glass containers of any kind, unless such glass container is a vial required to hold medication needed and utilized by an assembly participant, where such medication is customarily stored in a glass vial.
(j)It shall be unlawful for any person to carry or possess at any assembly, balloons filled with any material or substance other than air, oxygen or helium. Such materials and substances include, but are not limited to, water, paint, or any other liquid, solid or gas.
(k)It shall be unlawful for any person to carry or possess at any assembly, bricks, stones, rocks, or pieces of asphalt or concrete. It shall be unlawful for any person to throw similarly hard and heavy materials during an assembly.
(l)It shall be unlawful for any person to carry or possess spray paint cans at any assembly.
(m)It shall be unlawful for any person to carry or possess at any assembly, any projectile launcher or other device which is commonly used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, including, but not limited to, so-called Super-soaker-type water guns and water cannons. Nothing in this subsection is intended to prohibit or restrict those participating in parades, demonstrations, rallies or assemblies from possessing sufficient amounts of water or other liquids designed and intended for human consumption during such events.
(n)It shall be unlawful for any person to carry or possess at any assembly, any so-called "sleeping dragon device", with the intent or ability to use the device to deny or obstruct the public's ability to freely move about on roadways, sidewalks, or into or out of buildings. For purposes of this subsection, a sleeping dragon device shall mean a section of pipe, or a container, filled with weighted material, handcuffs, chains, carabiners or other locking devices used to lock a person or persons or other objects.
(o)It shall be unlawful to throw items from a moving vehicle that is part of an assembly.
(p)Nothing in this section shall prohibit a disabled person from carrying, possessing or using a wheelchair, cane, walker, or similar device necessary for providing mobility so that the person may participate in an assembly.
(q)Nothing in this section is intended to authorize the possession or use of materials, weapons or devices that are otherwise prohibited by any other federal, state or local law or regulation. The purpose of this section is to prohibit the carrying or possession of items and materials that have the potential to be used as weapons to cause physical or property damage, and whose possession might not otherwise be prohibited by federal, state or local law.
(r)Nothing in this section shall prohibit duly authorized law enforcement officers acting in their official capacity from carrying or possessing materials, weapons and/or devices used in the performance of law enforcement duties. (Ord. No. 2009-04(08-O-2030), § 1, 1-31-09)
§ 142-89
Parking meter reimbursement.
Sec. 142-89. Parking meter reimbursement.
The recipient of an assembly permit or any other outdoor event permit, or a street closure permit, shall pay the city a parking meter reimbursement fee where the permit results in the closure of a street on which parking meters are located. The fee shall be applied only where the meter parking is disallowed for greater than one calendar day, where a calendar day is defined as 12:00 a.m. through 11:59 p.m. The fee shall be $5.00 per each calendar day, subsequent to the first day, per parking meter space that cannot be utilized by the public, as calculated by the department of transportation. Said parking meter reimbursement fee must be paid by the permit applicant prior to her/his receiving the permit. (Ord. No. 2009-33(09-O-0805), § 13, 6-23-09; Ord. No. 2020-34(20-O-1382), § 17, 6-23-20)
Secs. 142-90—142-99. Reserved.
ARTICLE VII. OUTDOOR EVENTS ON PUBLIC PROPERTY
§ 142-100
Scope.
Sec. 142-100. Scope.
This article shall apply to all outdoor events occurring, at least in part, on public property, excluding outdoor festivals and assemblies, which are set forth in articles V and VI above. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-101
Fewer than seventy-five attendees.
Sec. 142-101. Fewer than seventy-five attendees.
(a)An outdoor event occurring on public property, with an expected attendance of fewer than 75 people, and that is not an assembly or an overnight event, does not require an outdoor event permit, and no outdoor event application need be filed.
(b)Where such outdoor event includes an activity that requires a sub-permit, as set forth in article IV above, the applicant must file a subpermit application with the SEM and be issued a sub-permit prior to performing said activity. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 201362(13-O-1243), § 3, 11-27-13)
§ 142-102
Park facility reservation permits-any number of attendees.
Sec. 142-102. Park facility reservation permits-any number of attendees.
(a)An outdoor event with one person or greater that requires the use of a park outdoor facility, such as a park pavilion, shall file a facility reservation application with the SEM or with the office of parks. This section 142-102 shall not apply to sports facilities located on city property that are being used for their intended purpose, as reasonably determined by the commissioner for the department of parks, recreation, and cultural affairs, as set forth in section 142-3(f) of this chapter.
(b)Decisions of whether to grant a park facility reservation permit shall be made by the office of parks. Where a facility reservation application is accepted by the SEM, the SEM shall forward the application within one business day to the office of parks for processing and permit issuance if appropriate. After a facility reservation application has been processed by the office of parks, the bureau, within one business day, shall forward the processed application and permit, if any, to the SEM for informational and calendaring purposes, and the SEM shall maintain the file on such outdoor event.
(c)The department of parks, recreation, and cultural affairs shall maintain written procedures for obtaining a park facility reservation permit, and said procedures shall be placed in the department's policies and procedures manual, provided to the SEM, and provided to the public upon request.
(d)Park facility reservation permits are granted on a first come, first served basis, based upon the time at which an application is received by the office of parks. A park facility reservation permit may be denied for the reasons set forth in section 142-12 above. Where the office of parks receives competing Applications for substantially the same time and place, the office shall apply the considerations regarding granting of a permit, as set forth in section 142-12(a), and the other subsections of section 142-12. In addition, the office shall give priority to applications from city residents, or applications on behalf of groups whose primary location is inside the City of Atlanta.
(e)A facility reservation application may be submitted no more than 90 days and no fewer than 14 days before a scheduled event.
(f)There is no application fee for a facility reservation application.
(g)A refundable sanitation bond of $100.00 may be required to obtain a park facility reservation permit, as set forth in section 142-22(f)(3) and 110-3(e)(2).
(h)Facility reservation permit fees are required to be paid, as set forth in section 110-3 of this Code of Ordinances.
(i)During times when an outdoor park facility is not reserved, members of the public may use the outdoor park facility on a first come, first served basis. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-103
Large gathering—More than seventy-five attendees.
Sec. 142-103. Large gathering—More than seventy-five attendees.
(a)A large gathering is an outdoor event on public property that lasts for more than one hour, has more than 75 attendees, and does not meet the definition of outdoor festival nor assembly. In addition, the term 'large gathering' shall include an overnight event of any size, even with an attendance of fewer than 75 people, provided that the overnight event meets all other elements of the large gathering definition.
(b)Anyone wishing to hold a large gathering must receive a large gathering permit. Except as set forth in subsection (b)(2) below, anyone wishing to obtain a large gathering permit must file an application with the SEM.
(1)Any application for a large gathering to be held on any public property other than a park shall be processed by the SEM. The chief of staff shall issue the permit if s/he approves the application.
(2)Any application for a large gathering to be held, at least in part, in a park, shall be filed with the SEM or with the office of parks. The application shall be processed by the department of parks, recreation, and cultural affairs' office of parks, and the office shall issue the permit if the application is approved. Where a large gathering application is accepted by the SEM, the SEM shall forward the application to the office of parks within one business day for processing and permit issuance if appropriate. After a large gathering application has been processed by the office of parks, the office shall forward, within one business day, the processed application and permit, if any, to the SEM for informational and calendaring purposes, and the SEM shall maintain the file on such outdoor event.
(c)Except as set forth in subsection (1) and (2) below, a large gathering application must be filed at least 30 days prior to the outdoor event so that the city can provide adequate solid waste and security services.
(1)If the large gathering includes an activity that requires a sub-permit, the applicant must file the sub-permit application with the SEM within the timeframe set forth in article IV above.
(2)If the timing of the large gathering is based upon the occurrence of an identifiable event or decision, the date of which could not have been predicted with certainty, including but not limited to an announcement regarding a military action, an announcement of a court decision, or a death, and if the large gathering occurs within 48 hours of the identifiable event, the 14-day requirement for filing the application shall be waived, as long as the large gathering does not interfere with nor impede the flow of vehicular and/or pedestrian traffic. This waiver shall not apply to overnight events or to subpermit applications.
(A)The host or organizer of such a large gathering shall notify the SEM that the assembly shall be occurring, and shall provide as much information as possible about the large gathering, including but not limited to location, date, time, and approximate size, so that the city can attempt to provide adequate services for the large gathering.
(B)The notification described in subsection (2)(A) shall be made by hand delivery, telephone and/or email, and shall be made within two hours of the decision to hold the large gathering.
(d)The application fee for a large gathering is $50.00. Where the large gathering occurs, at least in part, in a city park, the application fee shall be deposited in an account to be utilized solely by the department of parks, recreation, and cultural affairs to offset the department's administrative costs associated with large gatherings. An application fee owed for a large gathering that meets the criteria of section 142-103(c)(2) above may be paid within five business days after the large gathering occurs.
(e)There is no permit fee for a large gathering permit, except that, where a large gathering includes the reservation of a park facility, a park reservation facility permit fee will be applied, as set forth in section 110-3 of the Atlanta Code of Ordinances.
(f)A large gathering permit does not include the privilege to vend.
(g)A permit to hold a large gathering in a park does not include the privilege to erect any temporary structure or tent. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 200933(09-O-0805), §§ 1—3, 6-23-09; Ord. No. 201362(13-O-1243), §§ 2, 3, 11-27-13)
Secs. 142-104—142-109. Reserved.
ARTICLE VIII. OUTDOOR EVENTS ON PRIVATE PROPERTY
§ 142-110
Scope.
Sec. 142-110. Scope.
This article shall apply to all outdoor events occurring, at least in part, on private property, excluding outdoor festivals, which are set forth in article V above. This article addresses the need for outdoor event permits and sub-permits only. Nothing in this article shall eliminate the need for compliance with all other applicable laws and City Code requirements, including but not limited to Building Code requirements. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-111
Fewer than 75 attendees.
Sec. 142-111. Fewer than 75 attendees.
(a)An outdoor event occurring on private property, with an expected attendance of fewer than 75 people, does not require an outdoor event permit, and no outdoor event application need be filed.
(b)Where such outdoor event includes an activity that requires a sub-permit, as set forth in article IV above, the applicant must file a subpermit application with the SEM and be issued a sub-permit prior to performing said activity. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-112
Private outdoor events at residence.
Sec. 142-112. Private outdoor events at residence.
(a)An outdoor event occurring on private property, at a building that is used as a residence at the time of the outdoor event, regardless of the number of attendees, does not require an outdoor event permit, and no outdoor event application need be filed.
(b)If such outdoor event has greater than 75 attendees and occurs at a residential building that is not being used as a residence at the time of the outdoor event, and if the outdoor event does not qualify as an outdoor festival, then the outdoor event shall be treated as a private large gathering, as described in section 142-115 below.
(c)Where such outdoor event includes an activity that requires a sub-permit, as set forth in article IV above, the applicant must file a subpermit application with the SEM and be issued a sub-permit prior to performing said activity. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-113
Private outdoor events at churches and schools.
Sec. 142-113. Private outdoor events at churches and schools.
Where an outdoor event occurs on private property, at a building that is located in an area zoned as residential, (R1 through R5, or RG1 through RG6), but where the building is not intended to be a residence, (including without limitation, a church, synagogue, mosque, or school):
(a)Where the property is utilized on a regular basis, but in no case less than a weekly basis, for conducting classes and/or worship services, and where the outdoor event has no greater than 500 attendees, no outdoor event permit is required and no outdoor event application need be filed.
(b)Where the property is utilized on a regular basis, but in no case less than a weekly basis, for conducting classes and/or worship services, and where the outdoor event has greater than 500 attendees but does not qualify as an outdoor festival, the outdoor event shall be treated as a private large gathering, as described in section 142-115.
(c)Where the property is not utilized on a regular basis for conducting classes and/or worship services, and where the outdoor event has greater than 75 attendees, the outdoor event shall be treated as a private large gathering, as described in section 142-115.
(d)Where any of the outdoor events described in this section include an activity that requires a sub-permit, as set forth in article IV above, the applicant must file a sub-permit application with the SEM and be issued a sub-permit prior to performing said activity.
(Ord. No. 2006-66, § 15, 9-26-06)
§ 142-114
Private outdoor events on commercial properties.
Sec. 142-114. Private outdoor events on commercial properties.
(a)An outdoor event occurring on a commercial property, where the outdoor event does not qualify as an outdoor festival, and where the outdoor event is in compliance with the zoning of the commercial property, does not require an outdoor event permit, and no outdoor event application need be filed. For purposes of this section 142-114 only, vacant lots shall not be deemed to be commercial property.
(b)Where such outdoor event includes an activity that requires a sub-permit, as set forth in article IV above, the applicant must file a subpermit application with the SEM and be issued a sub-permit prior to performing said activity.
(c)Nothing in this section shall eliminate the need for the holder of an outdoor event on commercial property to meet the Building Code requirements for said property. (Ord. No. 2006-66, § 15, 9-26-06)
§ 142-115
Private large gathering—More than 75 attendees.
Sec. 142-115. Private large gathering—More than 75 attendees.
(a)A private large gathering is an outdoor event on private property that lasts for more than one hour, has more than 75 attendees, does not meet the definition of outdoor festival, and does not meet the criteria set forth in section 142112(a), 142-113(a) or 142-114 above.
(b)Anyone wishing to hold a private large gathering must file a private large gathering application with the SEM and must receive a private large gathering permit.
(c)Except as set forth in subsection (1) and (2) below, a private large gathering application must be filed at least 30 days prior to the outdoor event.
(1)If the private large gathering includes an activity that requires a sub-permit, the applicant must file the sub-permit application with the SEM within the timeframe set forth in article IV above.
(2)If the timing of the private large gathering is based upon the occurrence of an identifiable event or decision, the date of which could not have been predicted with certainty, including but not limited to an announcement regarding a military action, an announcement of a court decision, or a death, and if the assembly occurs within 48 hours of the identifiable event, the 14-day requirement for filing the application shall be waived, as long as the private large gathering does not interfere with nor impede the flow of vehicular and/or pedestrian traffic. This waiver shall not apply to sub-permit applications.
(A)The host or organizer of such a private large gathering shall notify the SEM that the private large gathering shall be occurring, and shall provide as much information as possible about the private large gathering, including but not limited to location, date, time, and approximate size, so that the city can attempt to provide adequate services for the private large gathering.
(B)The notification described in subsection (2)(A) shall be made by telephone and/or email, and shall be made within two hours of the decision to hold the private large gathering.
(d)The application fee for a private large gathering application is $50.00.
(e)There is no permit fee for a private large gathering permit.
(f)A private large gathering permit does not include the privilege to vend. (Ord. No. 2006-66, § 15, 9-26-06; Ord. No. 200933(09-O-0805), §§ 4, 5, 6-23-09)
ARTICLE IX. SHARED USE OF PUBLIC PROPERTY DURING OUTDOOR EVENTS
§ 142-116
Definition.
Sec. 142-116. Definition.
In addition to the words, terms and phrases set forth in the previous articles of this Chapter 142, for purposes of this Article IX only, "Permitted Public Property Event" or "PPPE" shall mean an outdoor event, other than an assembly, located on public property, authorized by permit pursuant to this Chapter 142. This article shall not apply to any portion of an outdoor event that occurs on public property that is not open to the general public during the event. (Ord. No. 2012-13(12-O-0358), 3-28-12)
§ 142-117
Prohibited conduct.
Sec. 142-117. Prohibited conduct.
In addition to any other rules set forth in this Chapter 142 and other applicable laws, it is unlawful for any person to engage in any of the following at any permitted public property event:
(a)Conduct that substantially prevents any person who is attempting to view, hear or meaningfully participate in a PPPE from doing so.
(b)Conduct, including creation of a physical obstacle, which substantially impedes access to a PPPE stage, vendor, speaker, or PPPE entertainment or other programming.
(c)Conduct that substantially hinders the ability to access, enter or exit the PPPE venue.
(d)Conduct that substantially interferes with the ability of the host to set-up the PPPE or assembly in the manner and locations indicated on the approved site plan, or to take-down the PPPE or assembly.
(e)Entrance of a PPPE venue that requires passage through a security checkpoint without consenting to personal inspection by a magnetometer or wand, and without consenting to inspection of personal belongings. For purposes of this subsection 142-117(f), "personal belongings" includes backpacks, duffel bags, sleeping bags, purses, coolers, bulky apparel items and other personal items large enough to conceal or contain items that are prohibited in the venue.
(f)Possession or consumption of alcohol in a park during a permitted outdoor festival where the permit includes prohibition of alcohol, and where signs regarding the prohibition are posted at the park during the PPPE.
(g)Possession or consumption of alcohol in a park during a permitted outdoor festival where the alcohol was not purchased or obtained from an official outdoor festival vendor, where the limitation on obtaining alcohol is included in the outdoor festival permit, and where signs regarding the limitation are posted at the park during the PPPE.
(h)Failure to discontinue participation in an assembly after being instructed to do so by the assembly host or her/his designee.
(Ord. No. 2012-13(12-O-0358), 3-28-12)
§ 142-118
Warning.
Sec. 142-118. Warning.
No person may be arrested for violating Code section 142-117 until s/he has received an oral or written warning to cease the prohibited conduct from an on-duty member of the Atlanta Police Department or from an off-duty post-certified security officer performing security services at the PPPE or assembly. If the violator fails to comply with the warning issued, s/he shall be subject to arrest for violation of this article. (Ord. No. 2012-13(12-O-0358), 3-28-12)
Chapters 143—145 RESERVED Chapter 146 TAXATION* Article I. In General Sec. 146-1. Financial institutions business license tax. Sec. 146-2. Gross premises tax on life insurers. Sec. 146-3. Gross premiums tax on other insurers. Secs. 146-4—146-25. Reserved.
Article II. Ad Valorem Taxes Division 1. Generally Sec. 146-26. Levy. Sec. 146-27. Assessment and collection of taxes. Sec. 146-28. Notice of changes of address. Sec. 146-29. Collection of delinquent county taxes. Sec. 146-30. Issuance, direction and record of tax executions. Sec. 146-31. Records of tax sales. Sec. 146-32. Bidding for city at tax sale. Sec. 146-33. Foreclosure of right to redeem property bought by city at tax sale. Sec. 146-34. Disposition of property bought by city at tax sale. Sec. 146-35. Report of property redeemed. Sec. 146-36. Sale of property bought by city for taxes. Sec. 146-37. Applications for exemption from or refund of taxes. Sec. 146-38. Preferential assessments for landmark historic properties. Sec. 146-39. Level 1 freeport exemptions. Secs. 146-40—146-50. Reserved.
Division 2. Urban Enterprise Zones Sec. 146-51. State law enactments. Sec. 146-52. Authority. Sec. 146-53. Regulations. Sec. 146-54. Combining. Secs. 146-55—146-75. Reserved.
Sec. 146-76. Sec. 146-77. Sec. 146-78. Sec. 146-79. Sec. 146-80. Sec. 146-81.
Sec. 146-82. Sec. 146-83. Sec. 146-84. Sec. 146-85. Sec. 146-86. Sec. 146-87. Sec. 146-88.
Article III. Hotel or Motel Occupancy Tax Definitions. Administration of article. Violations. Levied. Persons liable; extinguishment of liability. Collection by operator; receipt to occupant; rules for collection schedules. Unlawful advertising regarding tax. Exemptions. Registration of operator; certificate of authority. Date due; returns; deductions for operators. Deficiency determinations. Determination if no return made. Penalties and interest for failure to pay tax.
*Cross references—Finance, § 2-906 et seq.; alcoholic beverage excise taxes, § 10-141 et seq.; businesses, ch. 30.
Sec. 146-89. Collection. Secs. 146-90—146-110. Reserved.
Article IV. Rental Motor Vehicle Excise Tax Sec. 146-111. Definitions. Sec. 146-112. [Authority; rules and regulations; records.] Sec. 146-113. [Excise tax levied; collection.] Sec. 146-114. [Purposes for proceeds from tax.] Sec. 146-115. [Exceptions.] Sec. 146-116. [Amount of tax allowed to be retained for expenses.] Sec. 146-117. [Statement required showing gross rental charges and taxes.] Sec. 146-118. Records. Sec. 146-119. [Deficiency determinations.] Sec. 146-120. Failure to make a return. Sec. 146-121. Audit authority. Sec. 146-122. Withholding tax on sale of business. Sec. 146-123. Penalty for violation. Secs. 146-124—146-200. Reserved.
Article V. Blighted Property Sec. 146-201. Sec. 146-202. Sec. 146-203. Sec. 146-204. Sec. 146-205. Sec. 146-206. Sec. 146-207.
Purpose. Definitions. Ad valorem tax increase on blighted real property. Identification of property maintained in a blighted condition. Remediation or redevelopment. Decrease of tax rate. Duty of public officer to provide notice to county tax commissioner.
ARTICLE I. IN GENERAL