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(1) In addition to identifying the maximum number of people, vehicles, and/or animals that will gather at the special event location as a condition for receiving the permit, applicants for permits shall:

(a) Provide the name and contact information, including cell phone number, of an on-site representative who will be at the event and have authority to receive notices from the City and take action to comply as a result of that notice;

(b) Certify that the maximum number of persons at the special event location shall not exceed the number which can reasonably safely gather at the special event location given the nature of the event; provided, that if the special event is to continue overnight, the maximum number shall not be more than are allowed to sleep within the boundaries of the special event location by the Provo City Code, City and County zoning or health ordinances, or other applicable health, safety or public welfare laws, ordinances, and regulations.

(2) An application that otherwise satisfies the requirements and conditions of this Chapter shall normally be approved if:

(a) The Fire Chief or the Fire Chief’s designee finds:

(i) The special event complies with all applicable fire code rules and regulations;

(ii) If the special event location is to be enclosed, the plans therefor include a reasonable means of ingress and egress under normal and emergency conditions for all persons attending the special event; and

(iii) The plans include reasonable provisions for a first aid station which shall be sufficient to handle minor medical complaints;

(b) The Chief Building Official or the Chief Building Official’s designee finds: if bleachers, a stage, or other similar structure(s) are to be used as part of the special event, the structures meet the minimum requirements of all applicable building codes;

(c) A valid temporary mass gathering permit has been issued by the appropriate health official, if such a permit is required under Utah Administrative Code Rule 392-400, as amended;

(d) The Director of the Department of Public Works or the Director’s designee finds that the application for the special event includes plans for a reasonable method of collecting and disposing of all solid waste generated by the special event; and if the applicant requests closure of a public street for a block party, the applicant must be a resident living on, or a business located on, the street, and must include a petition in favor of the event signed by two-thirds (2/3) of residents and businesses on both sides of the street to be closed.

(i) The application to close a City street will be subject to such additional rules and regulations necessary to ensure that the street closure will not be detrimental to the public health, safety, or welfare;

(e) The Chief of Police or the Chief of Police’s designee finds that the application for the special event includes adequate provisions for rerouting pedestrian and vehicular traffic and public safety for the special event, including, in the Chief’s or the Chief’s designee’s discretion, that not less than one (1) security guard, licensed under the Utah Security Personnel Licensing Act, Utah Code Section58-63-101, as amended, is provided by the applicant for every seven hundred fifty (750) people expected to attend; and

(f) The applicant has complied with applicable insurance and fee requirements contained in this Section and Section 6.20.050, Provo City Code.

(3) The plans, specifications, prerequisites, and preconditions set forth in this Subsection that are incorporated into the application form the basis for the approval of the permit issued by the City and shall be performed by the applicant. Failure to perform the plans, specifications, prerequisites and preconditions incorporated into the application shall be grounds for the suspension or revocation of the permit. The intentional or negligent noncompliance with said plans, specifications, prerequisites and preconditions shall be unlawful.

(4) Insurance is required for special events unless the event is a neighborhood gathering, or a public assembly that qualifies for an exemption pursuant to Subsection (5) of this Section. Depending on the type of event, number of participants and other risk factors, applicants may be required to submit a risk mitigation plan even for events in which insurance is not required. Applicants required to provide insurance may choose one (1) of the following options:

(a) Applicants may provide a certificate of insurance with coverage of at least one million dollars ($1,000,000.00) per occurrence with a two million dollar ($2,000,000.00) aggregate limit. Required coverage limits will be determined based on the type of event, number of participants and other relevant risk factors. The certificate shall also state that coverage will not be canceled without ten (10) days’ prior written notice to the City; or

(b) Applicants may choose special event insurance coverage through the City’s insurance carrier by paying the Tenant User Liability Insurance Program (TULIP) policy premium. Applicants required to provide insurance shall provide such evidence of insurance prior to the issuance of a permit. Applicants shall also execute a standard City indemnification agreement if required to provide insurance; or

(c) Applicants may provide with the application a mitigation plan and proof of a lower amount of insurance that, nevertheless, is sufficient to cover the risk presented. Required coverage limits will be determined based on the type of event, number of participants and other relevant risk factors. The certificate shall also state that coverage will not be canceled without ten (10) days’ prior written notice to the City.

(5) The applicant for a permit for a planned public assembly who is indigent, as defined in Section 6.20.020, Provo City Code, shall not be required to provide insurance. To evidence indigency, the applicant shall submit either a notarized affidavit of indigency, or a notarized affidavit certifying that:

(a) The costs for insurance to be imposed exceed the available resources of the applicant and the applicant does not reasonably foresee such funds becoming available before, during, or within a reasonable period after the planned public assembly; and

(b) The applicant is not charging participation fees or other admittance fees to the general public for the planned public assembly; and

(c) No other person is underwriting the cost of the planned public assembly.

(6) Permits for a special event that is a planned public assembly shall:

(a) Contain only such narrowly tailored restrictions on time, place, and manner as are reasonably related to Provo City’s significant interests in furthering the public’s health, safety and welfare, in compliance with Section 6.20.090, Provo City Code;

(b) Be issued upon applicant’s agreement to pay for support services fees that reflect the City’s cost of providing support services for the planned public assembly, unless the applicant is indigent. If the applicant for the planned public assembly permit can evidence indigency, the support services fee shall be a nominal fee reasonably related to the services requested by the applicant, based on the financial resources of the applicant. To evidence indigency, the applicant for a planned public assembly permit shall submit a notarized affidavit disclosing the resources available to the applicant and certifying that:

(i) The full cost for support services to be imposed exceeds the available resources of the applicant and the applicant does not reasonably foresee such funds becoming available within a reasonable period before, during, or within a reasonable period after the public assembly;

(ii) The applicant is not charging participation fees or other admittance fees to the general public for the public assembly; and

(iii) No other person is underwriting the cost of the planned public assembly.

(7) By signing the application, the applicant:

(a) Agrees to abide by all Federal, State and local laws, ordinances, rules, regulations, and administrative directives pertaining to the event, including all provisions of the Provo City Code, including, but not limited to:

(i) The noise provisions of Chapter 9.06, Provo City Code;

(ii) The “commercial entertainment” provisions of Chapter 6.15, Provo City Code; and

(iii) If the event is a parade, Chapter 6.23 and Section 9.14.220, Provo City Code, as amended, regulating parades.

(b) Acknowledges that, unless expressly authorized in the special event permit, no special event shall take place between the hours of 12:00 a.m. and 6:00 a.m. and that no person associated with the special event shall place, construct, erect, use, or employ any tent or other enclosed shelter, vehicle, or trailer. Further, applicant agrees to return the special event location to public use promptly upon the expiration of the special event permit without damage, to remove all personal property, equipment, vehicles, other property, and trash from the special event location, and to be responsible for leaving the special event location in a clean and orderly condition.

(Am 1987-43, Am 2002-35, Am 2006-08, Am 2006-45, Am 2015-24, Am 2020-46)