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Chapter 893
SPECIAL EVENTS PERMIT
TABLE OF CONTENTS
Article No.
Title
Page No.
Article1 .............................
Interpretation..........................................................................2
Article2 .............................
Prohibitions .............................................................................
4
Article 3 .............................
Special Event Permit Application ............................................
4
Article 4 .............................
Grant, Refusal or Revocation of Special Event Permit ...........6
Article5 .............................
General ...................................................................................
7
Article 6 .............................
Penalty, Administrative and Enforcement ...............................
8
Article 7 .............................
Administrative .........................................................................
8
KITCHENER 893.1 DECEMBER 2018
SPECIAL EVENT PERMIT
Article 1
INTERPRETATION
893.1.1 "City" means The Corporation of the City of Kitchener
893.1.2 "City lane closure" means a closure of one or more lanes on a City road
such that the traffic flow in all directions existing before the closure is
maintained and no diversion of traffic to another road is required.
893.1.3 "City road" means a road under the jurisdiction of the City.
893.1.4 "City road closure" means a closure of one or more lanes on a City road
such that a diversion of traffic to another road is required.
893.1.5 "Director" means Director of Transportation Services for the City or any
successor position or his or her designate.
895.1.6 "lane" means that part of a roadway that accommodates a single line of
moving or parked vehicles.
893.1.7 "local municipality" means any of The Corporation of the City of Cambridge,
The Corporation of the City of Waterloo, The Corporation of the Township of
North Dumfries, The Corporation of the Township of Wellesley, The
Corporation of the Township of Wilmot, or The Corporation of the Township
of Woolwich.
893.1.8 "municipal fees and charges" means fees and charges prescribed by the
City, Region or a local municipality.
893.1.9 "New Special Event" means a Special Event that has not received a Special
Event Permit within the previous two (2) calendar years for a similar, day(s)
and time, and that the use of or absence of alcohol is the same as described
in the prior issued Special Event Permit.
893.1.10 "Officer" means a by-law enforcement officer or a municipal law
enforcement officer appointed by the City, or a member of the Waterloo
Regional Police Services.
893.1.11 "person" includes an individual, sole proprietorship, partnership,
association or corporation.
893.1.12 "Region" means The Regional Municipality of Waterloo.
893.1.13 "Regional lane closure" means a closure of one or more lanes on a
Regional road such that the traffic flow in all directions existing before the
closure is maintained and no diversion of traffic to another road is required.
KITCHENER 893.2 DECEMBER 2018
SPECIAL EVENT PERMIT
893.1.14 "Regional road" means a road under the jurisdiction of the Region.
893.1.15 "Regional road closure" means a closure of one or more lanes on a
Regional road such that a diversion of traffic to another road is required.
893.1.16 "Reoccurring Special Event" means a special event that has received a
Special Event Permit from the City within the previous two (2) calendar
years.
893.1.17 "road" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is
intended for or used by the general public for the passage of vehicles and
includes the area between the lateral property lines thereof.
893.1.18 "Special Event" includes a Street Party Event, parade, procession,
ceremony, beer garden, sidewalk or street sale, festival, carnival, bicycle or
foot race, walkathon, demonstration, resident -led traffic calming initiatives,
or any event that requires a City lane closure or a City road closure or may
interfere with the normal flow of traffic on a City road, but does not include:
a) a wedding or funeral procession;
b) picketing;
C) loading or unloading necessary for business purposes; or
d) an activity for which the City has granted permission by way of an
agreement or permit.
893.1.19 "Special Event Permit" means a permit issued under this Chapter for a
Special Event and shall include a permit issued for a Special Event by the
City, the Region, or a local municipality provided such permit includes or
included a City street and the necessary approval by the Director for use of
such City street.
893.1.20 "Special Event Organizer" means the person designated in accordance
with section 893.3.2(b) of this Chapter and where that person is not an
individual shall include its authorized representative(s).
893.1.21 "Street Party Event" specifically means a Special Event that:
a) has the purpose of fostering neighbourhood spirit;
b) is taking place entirely on a road of a local municipality, being either a
block to block or intersection to intersection road closure;
C) is not taking place on a Regional road;
d) has no alcohol consumption; and
e) has any further attributes as determined by the Director.
KITCHENER 893.3 DECEMBER 2018
SPECIAL EVENT PERMIT
Article 2
PROHIBITIONS
893.2.1 No person shall hold a Special Event on a City road without first having
obtained a Special Event Permit in accordance with this Chapter.
893.2.2 No person shall attend a Special Event on a City road unless as Special
Event Permit has been granted for the Special Event in accordance with this
Chapter.
Article 3
SPECIAL EVENT PERMIT APPLICATION
893.3.1 Every person holding a Special Event shall ensure that an application is
made to the Director for a Special Event Permit and that a Special Event
Permit is obtained prior to the Special Event taking place.
893.3.2 Every person who applies for a Special Event Permit shall provide the
Director with:
a) the person's name, signature, street address, telephone number, fax
number and e- mail address and when applying on behalf of a
Special Event Organizer other than him/herself shall also include
any position that they hold with the Special Event Organizer;
b) the legal name of the Special Event Organizer who will carry out the
responsibilities or a Special Event Organizer under this Chapter and
a signature of the Special Event Organizer;
c) where the Special Event Organizer is different from the applicant for
the Special Event Permit, additional contact information for the
Special Event Organizer including street address, telephone number
before and during the Special Event, fax number and e-mail address
as applicable;
d) the legal name, street address, telephone number, fax number
and e-mail address of any Special Event sponsor;
e) the type and purpose of the Special Event;
f) the date(s) and day(s) of the week when the Special Event is to be
held and, if applicable, the date(s) and day(s) of the week the Special
Event was last held;
g) the number and type of participants and vehicles in the Special
Event, including individuals, bands, horses, bicycles, cars and floats;
h) for each date of the Special Event, the time that set-up or assembly
will commence, the time that the Special Event will commence, and
the time that the Special Event will finish inclusive of clean-up time;
KITCHENER 893.4 DECEMBER 2018
SPECIAL EVENT PERMIT
i) a description of the assembly and disassembly areas for the Special
Event;
j) the road(s) to be used for the Special Event whether or not they are
City roads;
k) a Certificate of Insurance, satisfactory to the Director, showing a
comprehensive policy of public liability and property damage
insurance for the Special Event in respect to any one accident,
against loss or damage resulting from bodily injury to or death of one
or more persons and loss of or damage to property in a minimum
amount of:
i) $5,000,000 for any Special Event that includes the
consumption of alcohol on a City road; or
ii) $2,000,000 for a Special Event that does not include the
consumption of alcohol on a City Road.
1) an indemnity signed by the Special Event Organizer that is satisfactory
to the Director; and
m) any additional information or documentation for the purposes of
administering this Chapter as requested by the Director.
893.3.3 No person applying for a Special Event Permit shall knowingly provide false
information to the Director.
893.3.4 The Director may require the person applying for a Special Event Permit to
prepare and deliver personally or by registered mail a notification setting out
the type, purpose, location, date and time of the Special Event to all
affected homes, businesses and institutions, as determined by the Director.
Each notification shall include a stamped envelope addressed to the City's
Director.
893.3.5 In the event of a Street Party Event, the applicant for the Special Event
Permit must ensure a petition provided by the City is circulated to all
residents with a municipal address located on the road where the proposed
Street Party Event is to be held. The applicant for the Special Event Permit
shall provide the original petition to the Director. A Street Party Event with
anticipated attendance of 200 or more people shall be subject to additional
requirements at the discretion of the Director. Such requirements may
include without limitation, requirements for paid duty police officers,
emergency services support and additional insurance.
893.3.6 Every applicant for a Special Event Permit for a New Special Event shall
make their application at least ninety (90) days in advance of the Special
Event.
KITCHENER 893.5 DECEMBER 2018
SPECIAL EVENT PERMIT
893.3.7 Every applicant for a Special Event Permit for a Reoccurring Special Event
shall make their application at least thirty (30) days in advance of the
Reoccurring Special Event.
Article 4
GRANT, REFUSAL OR REVOCATION OF SPECIAL EVENT PERMIT
893.4.1 The Director may grant a Special Event Permit, refuse to grant a Special
Event Permit or may grant a Special Event Permit imposing conditions as a
requirement of obtaining and continuing to hold it, including, but not limited
to, the condition that a notice setting out the type, purpose, location, date,
time and other information as required be delivered not less than seven (7)
days or as required by the Director in advance of the Special Event to all
affected homes, businesses and institutions, as determined by the Director.
893.4.2 In considering the grant, refusal or grant with conditions of a Special Event
Permit, the Director may have regard to:
a) whether or not, considering any past Special Events, the Special
Event is likely to be carried out in compliance with the Special Event
Permit and this Chapter;
b) any conflict with a previously scheduled activity for which the City,
Region or a local municipality has granted a permit;
c) the anticipated disruption of traffic or public transit;
d) the response of Waterloo Regional Police Services to the
application;
e) failure to obtain all required responses to any petition required by the
Director;
f) the response of any person required to be petitioned under this
Chapter;
g) whether or not the Special Event may result in a threat to public
safety;
h) road construction, construction or any sort, or conflict with municipal
by-laws, resolutions or policies; and
i) any opposition to the Special Event, including any safety concerns.
893.4.3 At any time after a Special Event Permit has been granted by the Director,
the Director may revoke the Special Event Permit or impose a condition
re-routing the Special Event upon giving verbal notice, in person or over the
telephone, or written notice, by regular mail, fax or e-mail to the person who
applied for the Special Event Permit or the Special Event Organizer. The
Director may also impose last minute conditions on the Special Event due to
safety issues or public authorities such as the Waterloo Regional Police
Services making changes.
KITCHENER 893.6 DECEMBER 2018
SPECIAL EVENT PERMIT
Article 5
GENERAL
893.5.1 The Director may modify the time periods prescribed for submitting an
application for a Special Event Permit set out in this Chapter.
893.5.2 Every applicant for a Special Event Permit shall:
a) ensure that the Special Event Organizer is aware of and complies
with any conditions imposed under sections 893.4.1 or 893.4.3 of
this Chapter; and
b) pay all municipal fees and charges for the Special Event.
893.5.3 Every Special Event Organizer shall:
a) be present at the Special Event;
b) produce the Special Event Permit to the Director, a municipal law
enforcement officer or any police officer on his or her demand while
the Special Event is being held or set up;
c) ensure compliance with any conditions imposed under sections
893.4.1 or 893.4.3 of this chapter that are required to be carried out
while the Special Event is being held; and
d) ensure that the Special Event complies with all provisions of this
Chapter and the Special Event Permit.
893.5.4 The Special Event Organizer shall ensure the clean up and restoration of
the City road immediately following the finish of the Special Event.
893.5.5 When a City lane or a City road is closed by the Director for a Special Event,
the City, an Officer, any person authorized by the City, and any utility may
enter the closed road area at any time.
893.5.6 The person applying for a Special Event Permit under this Chapter, the
Special Event Organizer, and the participants in the Special Event shall
comply with all applicable municipal by-laws and provincial and federal laws
including those pertaining to special events, filming, fees, charges, work
within a road, signs, traffic, parking, noise, pyrotechnics, alcohol, firearms,
building, and smoking, and shall also comply with the Safe Streets Act, S.O.
1999, c. 8.
893.5.7 No person shall install, maintain, move or remove signing and barricades on
City roads without the permission of the Director except the Special Event
Organizer who may, at an appropriate location, move and then immediately
restore a barricade to its original position to allow ingress/egress to the
Special Event site without changing the intent of the barricade set up.
KITCHENER 893.7 DECEMBER 2018
SPECIAL EVENT PERMIT
893.5.8 A Special Event Permit granted under this Chapter:
a) shall not be transferable from one person to another, from one
Special Event to another, from one date and time to another, or from
one location to another without the written permission of the Director;
and
b) shall expire when the Special Event finishes as indicated on the
Special Event Permit.
Article 6
PENALTY, ADMINISTRATIVE AND ENFORCEMENT
893.6.1 Every person who contravenes a provision of this Chapter is guilty of an
offence and upon conviction is liable to a fine not exceeding five thousand
dollars ($5,000), exclusive of costs, pursuant to the Provincial Offences Act,
R.S.O. 1990, c. P.33.
893.6.2 This Chapter may be enforced by the Director, an Officer, or by any other
individual duly appointed for the purpose of enforcing this Chapter.
893.6.3 For the purposes of an inspection pursuant to this Chapter, the Director, an
Officer, or any agent or representative of the City may:
a) require the production for inspection of documents or things relevant
to the inspection;
b) inspect documents or things relevant to the inspection;
C) require information from any person concerning a matter related to
the inspection; and
d) alone or in conjunction with a person possessing special or expert
knowledge, make examination or take tests, samples, or
photographs necessary for the purposes of the inspection.
Article 7
ADMINISTRATIVE
893.7.1 Any administrative forms required under this Chapter may be prescribed
from time to time by The Director.
893.7.2 This Chapter shall be known as the "Special Event Permit By-law".
893.7.3 It is hereby declared that each and every of the foregoing sections of this
Chapter is severable and that, if any provisions of this Chapter should for
any reason be declared invalid by any Court, it is the intention and desire of
KITCHENER 893.8 DECEMBER 2018
SPECIAL EVENT PERMIT
Council that each and every of the then remaining provisions hereof shall
remain in full force and effect.
893.7.4 The Clerk of the City is hereby directed to make this by-law a part of The
City of Kitchener Municipal Code by adding it to the Concordance and
arranging and numbering it so as to fit within the scheme of the Code.
KITCHENER 893.9 DECEMBER 2018