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HomeMy WebLinkAboutparade info sheet PARADES & PUBLIC ASSEMBLIES INFORMATION SHEET Do you want, for example, to have a… Block party? Company picnic? Parade? Walk-a-thon? Road race? Demonstration? Protest? Athletic event or tournament? Music festival? And you plan to use... Any Iowa City park? City sidewalks? City Plaza? City streets? Street right-of-way? City Grounds? If so, you may need to get the City's permission to use City property. The City Code divides up most groups wanting to use City property into two categories. One is a "parade" and the other is a "public assembly." The primary difference is that the group is moving during a parade (for example, a protest group that is marching from Point A to Point B) but is relatively stationary in a public assembly (for example, a music festival, a block party, or a company picnic). The terms "parade" and "public assembly" have specific definitions in the City Code, and if your group meets the definition of "parade" or "public assembly," you will need to get a permit. See below for the definitions of "parade" and "public assembly." These and other important definitions can be found in section 10-1-1 of the City Code. The City Code is available on the City's web site. <www.icgov.org/citycode> Does it matter how big the group is? Yes. If you want to use any City park for a parade or public assembly, you will need a permit if the group has more than 100 people. If you want to use City Plaza, the streets, or the sidewalks, for a parade or public assembly, you will need a permit if the group has more than 25 people. Selected Definitions (Section 10-1-1 of the City Code). PARADE: A march or procession of more than twenty-five (25) persons, vehicles or other forms of transportation, such as bicycles, or combination thereof, in or upon the public right of way or in a park that necessitates or results in the exclusion, in whole or in part, of use of the public right of way or the park by others. PARADE/PUBLIC ASSEMBLY PERMIT: Written authorization by the City for use of public property, including the public right of way, as provided in [Title 10 of the City Code]. PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons on the public right of way or one-hundred (100) persons in a park for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the public right of way or in a park. Mgr\specialusepermits\parade info sheet.doc 5/16/2018 2 How do I get a parade or public assembly permit? You must complete a written application. See City Code section 10-1-3. The forms are available at the City Clerk’s office at 410 E. Washington Street, the Parks & Recreation Department at 220 S. Gilbert Street, and at the City's web page at <www.icgov.org/publicuse>. Are there deadlines? Yes. You need to apply at least 3 working days before the parade or public assembly is to be held. See City Code section 10-3-3. How does the City decide whether to grant or deny the permit? There are specific standards (or criteria) set out in the City Code. If you meet the standards, then the City must grant the permit. See City Code section 10-1-4A. Can I appeal if the permit is denied? Yes. You must file a written appeal within 5 working days of the decision. See City Code section 10-1-5. Are there any fees? There is no permit fee for a parade or a public assembly. Are there any additional rules for the use of City Plaza, City parks, and City streets? Yes. • No alcoholic beverages except by written agreement with the City. • No items are to be placed on benches or planters or other permanent fixtures. • No items are to be strung from trees or light poles or other permanent fixtures. • No holes are to be drilled in bricks or paving. • No semi-permanent or permanent markings are to be made on bricks or pavement. • All cords and wiring must be taped down. • Participants must yield to emergency vehicles. • Only uniformed officers are to provide traffic control at arterial street intersections. • Emergency lanes must remain clear at all times. • In City Plaza amplified sound is prohibited from 8 a.m.-12 p.m. and 1 p.m.-5 p.m., Monday through Friday. What if I still have more questions or need additional information? Call the City Clerk’s office at 356-5042 for questions about the use of City Plaza or City Streets and the Parks & Recreation Dept. at 356-5110 for questions about the use of City parks. Mgr\specialusepermits\parade info sheet.doc 5/16/2018 3 INSURANCE REQUIREMENTS Does every parade or public assembly require insurance? No. If the parade or public assembly is held entirely on the City Plaza, on a the sidewalk, or in a city park and if equipment, cables, objects, structures or similar items are not required, then no insurance will be required. Can the insurance requirement be waived? Yes. The insurance requirement may be waived if the applicant demonstrates inability to obtain insurance or to pay the cost of the insurance. How much insurance is required or what is the minimum coverage limit? If insurance is required and not waived, the amount of insurance will be based on whether the City's Risk Manager determines that the risk of harm to the City is "low," "moderate," or "high" based on the nature and size of the event. The speech content is not a factor. The dollar amount is as follows: COVERAGES LOW HAZARD MODERATE HAZARD HIGH HAZARD General Liability $300,000 $500,000 $1,000,000 Automobile Liability $300,000 $500,000 $1,000,000 The Risk Manager will employ the chart that can be found at the end in Appendix A to assist in determining whether the event is a "low," "moderate," or "high" hazard. Does serving alcohol change the amount of insurance required? Yes. Alcohol is only allowed under limited circumstances on City property pursuant to a written agreement with the City. If alcohol is so allowed, insurance is always required and the event will always be categorized as a "high hazard." What are the General Liability Insurance requirements? The permittee shall have in force, throughout the event, General Liability Insurance with limits not less than the amounts specified above per occurrence covering Personal Injury, Bodily Injury and Property Damage. No deletion or modification to Host Liquor Liability coverage is allowed. An Umbrella or Excess Liability policy may be used in meeting this requirement. The City requires that the insurance carrier be A rated or better by A.M. Best. All policies shall be written on a per occurrence basis, not a claims-made basis, and in form and amounts and with companies satisfactory to the City of Iowa City. Is a Certificate of Insurance required? Yes. A certificate(s) of insurance demonstrating compliance with all insurance requirements shall be submitted to the City prior to commencement of the event. The City of Iowa City must be included as an "Additional Insured" on any insurance policy. Certificate Holder is: City of Iowa City, Iowa Finance Department 410 E. Washington Street Iowa City, Iowa 52240 Title and date of permit is to be included in "Description of Operations…." Box. Mgr\specialusepermits\parade info sheet.doc 5/16/2018 4 What if the insurance gets cancelled? All policies shall include a Cancellation Endorsement providing the City no less than thirty (30) days advance written notification of policy cancellation. Notification shall be sent to: City of Iowa City, Iowa Finance Department 410 E. Washington Street Iowa City, Iowa 52240 The City has the right to revoke the permit if the insurance is cancelled. Is Automobile Liability Insurance required? Maybe. Automobile liability is not required for events that include no motor vehicles or where event is other than a parade and the motor vehicles used to support this event will not be operated on City property other than public streets and in public parking lots. If automobile liability insurance is required, the permittee shall have in force, throughout the event, Automobile Liability Insurance with limits not less than those specified above per occurrence combined single limit including coverage for Bodily Injury and Property Damage. If the permittee is a private, public, or nonprofit organization and owns vehicles in the name of the organization, coverage shall include all owned, hired and non-owned vehicles. If no vehicles involved are owned in the name of the organization, coverage shall include only hired and non-owned vehicles. An Umbrella or Excess Liability policy may be used in meeting this requirement. The City requires that the insurance carrier be A rated or better by A.M. Best. Is Workers Compensation Insurance required? Maybe. If anyone who participates in coordinating and/or conducting an event receives monetary compensation for such services, the permittee shall have in force during the event Workers Compensation Insurance with an aggregate equal to statutory limits and employers' liability coverage. Note: You are required to obtain a City permit for a parade or public assembly only if the event has more than 25 people using City Plaza and/or the streets and/or the sidewalks, or more than 100 people using any City park. “RISK” DETERMINATION CHART Applicant: To use this chart, you will first need to know “where” the parade or public assembly will occur (left column) and “who and what” will be involved (top row). If only people are involved, the risk is different than if factors such as vehicles, animals, cables, objects, tables, structures and similar items (“people plus”) are also involved in your event. Location of Parade or Public Assembly IF PARADE/PUBLIC ASSEMBLY EVENT INVOLVES ONLY PEOPLE IF PARADE/PUBLIC ASSEMBLY EVENT INVOLVES PEOPLE “PLUS” (“Plus” means vehicles, animals, cables, objects, tables, structures, and similar items) Family Gatherings and Block Parties Everything but Family Gatherings and Block Parties Vehicles Animals Cables, Objects, Structures or similar items Park No Insurance No insurance <25 Moderate > 25 High >1 Moderate (Could be High depending on type and number) Moderate (Could be High depending on amount of items) Streets <200 No Insurance 200-399 Low >400 Moderate <100 Low 100-499 Moderate >500 High <25 Moderate > 25 High >1 Moderate (Could be High depending on type and number) Moderate (Could be High depending on amount of items) City Plaza and/or Sidewalk No insurance No insurance <25 Moderate > 25 High >1 Moderate (Could be High depending on type and number) Moderate (Could be High depending on amount of items) Examples of risk determination: • If you are having a block party on a street and expect 300 people, and the gathering involves only people, the risk is “low”. • If you are planning a parade on City streets involving 18 vehicles and 75 people, the risk is “moderate.” However, if the parade had just 75 people and no vehicles, the risk is “low”. APPENDIX A