§ 53-6. Permit for races.
(a)
Definitions. The following words, when used in this section, shall be defined as follows:
(1)
Applicant means an individual person, partnership, limited liability company, corporation, or any other entity whatsoever applying for a permit.
(2)
Director means the director of the parks and recreation department or his or her designee.
(3)
Race means any organized competitive or noncompetitive marathon, contest, run or walk, including but not limited to, persons using bicycles, wheelchairs, roller blades, roller skates, or other vehicular device powered by human effort as opposed to a motorized vehicle.
(4)
Obstacle and novelty race means any organized competitive or noncompetitive marathon, contest, run or walk, which utilize obstacles and/or "novelty" components such as, but not limited to, "color," "foam," "chocolate" and "meat."
(b)
Authority to promulgate rules and regulations. The director shall have the authority to promulgate rules and regulations to implement this section.
(c)
Permit required. No race shall be held without first obtaining a permit from the director.
(d)
Application. For races, the application shall be filed not less than ninety (90) calendar days, not including the day that the application is filed, before the proposed event. Failure to timely file a written application shall result in an increase in the application fees as set forth in subsection (e) or may result in the denial of the permit. Applicant shall contact the director before submitting an application less than thirty (30) days prior to the race to receive approval. Bike races which do not close roads will not be required to follow all the application requirements below as determined by the director. Obstacle and novelty races may be subject to additional requirements as determined by the director.
Each application shall include the following information regarding the race and shall be submitted in a format required by the director:
(1)
The name and address of the person filing the application.
(2)
If applicable, the name and address of the organization sponsoring the proposed event, or to benefit from the event.
(3)
The proposed date(s) and time of the proposed event.
(4)
The time of set up, commencement, termination and cleanup of the streets, sidewalks and surrounding areas.
(5)
An identification by each street name on the proposed route and maximum length, including staging area and dismounting areas. The identification list must include a turn by turn listing of streets.
(6)
A map of the proposed route along with confirmation that route has been physically followed in person before submittal.
(7)
The number of people and non-motorized vehicles taking part in the proposed event.
(8)
The area of the right-of-way to be reserved for the proposed event.
(9)
A certificate of insurance, in such amounts as the director shall reasonably require, naming the city as an additional insured.
(10)
A cleanup plan agreement obligating the applicant to complete, or arrange for another to complete, the post-event cleanup on the streets, sidewalks and other public ways.
(11)
A traffic control plan, including methods, devices, detour of traffic and who will be responsible for controlling traffic.
(12)
A parking plan identifying where participants and attendees will park during the proposed event.
(13)
A public notification plan and proof of publication as provided in subsections (f) and (g) below.
(14)
Proof that the traffic control plan was submitted to the Kansas City, Missouri Police Department as provided in subsection (h) below.
(15)
A day of race communication outlining race information shall be provided to volunteers and police officers at intersections on the race route for dissemination to the public.
The director may require an applicant to meet in person at any point during the application process for the purpose of discussing the application, and to provide such additional documentation as the director may reasonably require in conjunction with the review and consideration of the application. The delineation of specific documentation required to be submitted with the application shall not restrict the director from reasonably requiring the submittal of additional documentation.
(e)
Fees.
(1)
Race permit application fees. Application fees are non-refundable and based on a sliding scale dependent upon when the application is submitted. Fees are as follows:
a.
Prior to the 90-day deadline as set forth in subsection (d): $100.00 fee.
b.
Within 60—89 days prior to the event: $150.00 fee.
c.
Within 30—59 days prior to the event: $200.00 fee.
d.
Less than 30 days prior to event: $300.00 fee.
(2)
City impact fees. For all races beginning January 1, 2016 and after:
a.
City impact fees will be assessed based on the distance of the race and number of participants as follows:
Number of Participants
Length <1000 1000—
<5000>5000 <5k $300.00 $800.00 $1,300.00 5k—6.1 miles 700.00 1,200.00 1,700.00 10k—13 miles 1,300.00 1,800.00 2,300.00 13.1—26.1 miles 1,900.00 2,400.00 2,900.00 26.2 miles or more 3,000.00 3,500.00 4,000.00 b.
The first $100.00 of the race permit application fee will be offset against the first 100 runners of that race. Within 14 days after the race, the applicant shall pay the city impact fees to the city depending on the final number of the participants of the race.
c.
The city impact fees will cover the boulevards fees and use of the park fees. However, fees still will be charged for any extra event set up and teardown days required by the race.
(3)
Bike races which do not close streets will be subject to the fees as outlined in section (e)(1) but not the fees in section (e)(2).
(4)
Obstacle and novelty races may incur different and/or additional fees subject to the discretion of the director.
(f)
Public notification plan. Every applicant shall submit a plan for notifying members of the public and surrounding businesses who might reasonably be affected by the proposed event. Notification shall include the name of the proposed event, route description, the dates and times that the streets or highways are proposed to be closed to traffic, contact information for the applicant or event sponsor and any alternative route description. Notification to property owners and tenants adjacent to the proposed race route shall occur not less than 30 days prior to the race. The public notification plan may consist of, but not be limited to, notification by postcard, signage along the race route, e-mail notification, published notification, or a combination thereof. Only race notification signs that are created according to the approved sign template provided by the director will be allowed on boulevards and parkways notwithstanding any section of the code. Race notification signs erected pursuant to this section shall be no larger than three square feet. Any signs for a race shall not be posted until three days before the race, except at the discretion of the director. Any signage included in the approved plan shall not be placed in any location outside the public right-of-way except with the consent of the affected property owner; no additional permit or fee shall be imposed for the privilege of placing any approved sign required by this subsection within the public right-of-way, provided, however, that signs shall be removed within 24 hours following the conclusion of the race. The applicant shall confer with the director and the director shall have the authority to require modifications to the public notification plan submitted by the applicant as a condition of permit approval.
(g)
Proof of publication of race. For events with less than a 1,000 participants there will be no required proof of publication. For events with more than a 1,000 participants, the applicant not less than ten days prior to the race shall submit a certified statement of publication from either the Kansas City Star, kansascity.com or pitch.com. The publication shall include the name of the proposed event, route description, the dates and times that the streets or highways are proposed to be closed to traffic, contact information for the applicant or event sponsor and any alternative route description.
(h)
Traffic control and costs. The applicant shall submit its traffic control plan to the city police department, and the failure to do so shall preclude the issuance of a permit by the director. Costs for traffic control required for the race shall be determined, assessed and waived in the sole discretion of the police department, provided however that the applicant's failure to remit any costs assessed by the police department shall not preclude issuance of the permit. Any costs assessed and remaining unpaid may be recovered by the police department from the applicant in such manner as is provided by law.
(i)
Notification to Kansas City Area Transportation Authority. The director shall notify the Kansas City Area Transportation Authority of the proposed route and proposed date and time of the event.
(j)
Authority to impose conditions. In order to protect the health, safety and welfare of the public, the director shall have the right to determine and impose conditions related to the following:
(1)
The route and maximum length of the event, including identifying an alternate route or portions of the route.
(2)
The proposed time of the event, including establishing time periods during which portions of the route may not be closed, and imposing maximum time limits that certain portions of the route, once closed, may remain closed.
(3)
The number of people and non-motorized vehicles taking part.
(4)
The minimum and maximum speeds.
(5)
The maximum intervals of space to be maintained between the units of the event.
(6)
The area of the right-of-way to be reserved for the event
(7)
The time of set up, commencement, termination and cleanup of the streets, sidewalks and surrounding areas.
(8)
The public notification plan.
(9)
Cleanup plan. Cleanup includes, but is not limited to, litter, trash, turf and street surface conditions, including course marking damages. Course marking (if approved as part of the permit application process) on pavement and turf that does not fade and disappear within the mandated time after the event date, as determined by the director, will be considered damage.
(10)
Traffic control measures.
(11)
The placement of persons along the race route with maps readily identifying each location where the race may be crossed during the event.
(12)
The opening of streets or highways, or portions thereof, on a rolling basis to commence at a pre-determined time after the last scheduled wave shall have started.
(13)
The mitigation of impact on local businesses open during race hours that are on the race route.
(k)
Standards for determination of conditions and approval. The director shall determine the conditions for the race in accordance with the following standards:
(1)
What effect the conduct of the race will have on the safe and orderly movement of mass transit and pedestrian and vehicular traffic contiguous to the route.
(2)
Whether the conduct of the race will require the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto will prevent normal police protection to the city.
(3)
Whether the conduct of the race will interfere with the movement of police vehicles, firefighting equipment and ambulances en route to emergency destinations.
(4)
Whether the plan for the conduct of the race will include stopping en route.
(5)
Whether there are viable alternatives for location of the race route including sidewalks contiguous to the proposed route or available public parks along the proposed route.
(6)
Whether the race route conflicts with another permitted parade, race, non-race event or other street closure.
(7)
Whether the race route has been used for other events.
No permit shall be issued by the director if the location or proposed route of the race presents a clear and present danger of destruction of, or injury to, life or property, or if the applicant has not met the requirements for a permit contained in this section, provided that no permit shall be denied on the basis of the content of the race, or the potential for hostility of onlookers or race participants.
(l)
Assistance from other city departments or entities. In connection with the director's investigation of an application for a permit, all departments of the city shall provide information and assistance to the director upon request. The director shall verify with the public works department that the proposed event does not conflict with other events or street closures. The investigation shall include reviewing the community calendar to ensure other events are not impacted by the race. The director may request the city police department provide information and assistance with regard to imposing appropriate conditions for the race.
(m)
Approval or denial of permit. If a timely application for a permit is filed, the director shall provide preliminary approval or denial of the application and notify the applicant, in writing, no less than 14 calendar days after receiving completed application or 60 calendar days prior to a proposed race, whichever is later. Preliminary approval will be based on the satisfactory completion and submission of initial requirements and conditions. Final approval and official permit will be provided no later than seven days prior to race date based on satisfactory completion and submission of all requirements and conditions as well as traffic plan approval by the city police department and approvals by relevant city departments. If an untimely application for a permit is filed, the director may, but shall not be required to, deny the permit. In such circumstance, the director shall approve or deny the application and notify the applicant, in writing, as follows: If sufficient time remains before the race, then within 15 calendar days from the date the application is filed. If the application is untimely to the extent that the race would precede the expiration of these time limits, then within 24 hours prior to the race.
A denial shall state with specificity the basis for the denial. Any condition imposed by the director that is unacceptable to the applicant or any failure to approve or deny the application and notify the applicant as provided for herein shall be considered a denial for purposes of review.
(n)
Review of denial of permit. An applicant who has been denied a permit may appeal the director's decision to the city manager or his or her designee, who shall convene an administrative hearing within two calendar days of receipt of the applicant's request for review, not including weekends and holidays, unless the applicant requests to extend the time. If the applicant's request for review is sent by U.S. Mail, postage prepaid, receipt will be conclusively deemed to have occurred on the third calendar day following the date the request for review was placed in the mail, not including weekends and holidays. At the conclusion of the administrative hearing, the city manager or his or her designee shall issue a decision and serve it on the applicant. In the event there is insufficient time before the proposed race to conduct an administrative hearing, and the insufficiency was not caused solely by the applicant's request for an extension of time, the applicant's untimely application for a permit, or by the applicant's delay in requesting review under circumstances where time would have otherwise allowed for the review provided for herein had it been requested sooner, then the applicant may seek redress from the city's decision in a court of competent jurisdiction. For the sole purposes of determining whether sufficient time remains for the administrative hearing provided for herein and whether any insufficiency was caused by the applicant, notice of a denial shall be deemed effective upon receipt by the applicant; if notice of a denial is sent by U.S. Mail, postage prepaid, receipt will be conclusively deemed to have occurred on the third calendar day following the date the notice was placed in the mail for delivery, not including weekends and holidays.
(o)
Display of permit. The permit shall be in the possession of the applicant or a representative of the applicant during the race, at the staging site, and shall be presented, on request, to any city official or officer of the police department at any time prior to or during the event.
(p)
Compliance with noise code required. The race shall be conducted in compliance with the city noise control code, chapter 46, Code of Ordinances. Every applicant shall contact the current health department liaison for noise control related to races, for consultation about any possible violation.
(q)
Complaints. Applicant or sponsor of race is required to respond to any inquiry or complaint received by the city or sponsor concerning the race in a timely manner to the complainant and the director.
(r)
Revocation of permit. A permit may be revoked by the director or his or her designee, the procession may be halted, and the participants may be required to disperse whenever the conditions imposed on the race by the director are being violated, the requirements of this section, including but not limited to the public notification plan as modified and approved by the director or have not been fulfilled in their entirety, or there is a clear and present danger of destruction of, or injury to, life or property, provided that no permit shall be revoked on the basis of the content of the race, or the potential for hostility of onlookers or race participants. It shall be the duty of the police department to enforce the orderly dispersal of the participants.
(s)
Denial of future permits. The director may deny future permits to anyone applying on behalf of an organization that previously sponsored or benefited from a permitted event if such permit was revoked or if grounds to revoke such permit existed at the time of the previously permitted event.
(Ord. No. 120991, § 2, 12-6-12; Ord. No. 150026 , § 1, 1-22-15)