§ 110-75. Overnight and other outdoor events occurring in parks.

(a)

Facility reservations. All rules regarding reservation of facilities located in city parks are located in chapter 142 of this Code of Ordinances.

(b)

Outdoor events generally. Definitions and permitting requirements of outdoor events that occur in city parks are set forth in chapter 142 of this Code of Ordinances. Additional rules for outdoor events that occur in parks during night hours are set forth in subsection (c) below.

(c)

Overnight events. Section 110-60 of this Code of Ordinances shall be waived for the limited purpose of allowing certain outdoor events, as defined in chapter 142, to occur in select city parks between 11:00 p.m. through 6:00 a.m. (for purposes of this section 110-75 only, "night hours" or "night") or some portion thereof, but only under the following circumstances:

(1)

For purposes of this section 110-75, an "overnight event" is a permitted large gathering or outdoor festival (as defined in chapter 142 of this Code of Ordinances), 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. Where the outdoor festival or large gathering begins prior to 11:00 p.m. and/or continues after 6:00 a.m., the "overnight event" shall be only that portion of the festival or gathering that occurs during night hours. The term "overnight event" does not include outdoor festivals or large gatherings that occur during night hours at the Outdoor Activity Center or Lake Allatoona.

(2)

An overnight event must meet the "large gathering" or "outdoor festival" permitting requirements, as applicable, set forth in chapter 142 of the Atlanta Code of Ordinances.

(3)

Overnight events may occur only in the following parks: Woodruff Park and Gordon White Park.

(4)

An overnight event must have one person who is responsible for the event during the night hours, and that person must be the applicant (or a co-applicant) for the outdoor festival or large gathering permit. The responsible party must be present throughout the night hours or must appoint a designee to be present and responsible. Where a designee is appointed, the responsible party shall notify the city of said designation in writing at least 24 hours prior to the start of the overnight event.

(5)

The host of an overnight event in a park (either an individual or an organization as applicable) must wait at least ninety days after the end of the overnight event before beginning another overnight event of which she/he/it is the host in the same park.

(6)

An overnight event may not be for the purpose of sleeping unless the sleeping is a material component of the host's message.

(7)

Duration of an overnight event:

a.

An overnight event may utilize the entire park for a maximum of two consecutive nights. The host's park use shall be non-exclusive when the park is open to the public (6:00 a.m. through 11:00 p.m.).

b.

If an overnight event occurs on more than two consecutive nights, the city will require the overnight event to utilize a smaller, contained area that is pre-designated for such use by the commissioner of the department of parks and recreation. The commissioner will include the description of the designated locations in the department's written policies, and will use these locations for every overnight event lasting longer than two consecutive nights.

c.

An overnight event shall last for no longer than six consecutive nights.

(8)

The following rules shall apply inside the park during overnight events:

a.

Generators are permitted, but only if they are non-combustion generators and have received the requisite permits and permissions from the city and other applicable governmental entities.

b.

Fire of any kind is prohibited except for hand-held candles.

c.

Amplified sound is prohibited.

d.

Sound arising from the overnight event must not be audible more than 100 feet from the park boundaries, including generator sounds, instruments and voices.

e.

Where a park already has lighting, no additional lights may be used during the overnight event unless the lighting is integral to achieving the expressive purpose of the event. Where a park does not have lighting, lighting may be used at the overnight event provided that it does not require electricity, except that electricity may be used if the lighting is integral to achieving the expressive purpose of the event. If lighting is integral, the applicant shall work with the office of parks prior to the event to determine, and to memorialize in a lighting plan approved by the office, the location and direction of the necessary lighting that minimizes impact on the community surrounding the park. Nothing in this provision shall prohibit battery-operated flashlights which are expressly permitted during overnight events.

f.

No alcohol is allowed at an overnight event.

g.

The overnight event must have a sanitation and recycling plan approved by the city's office of sanitation.

h.

All park rules apply to overnight events, including rules regarding tents.

i.

Overnight events cannot be gated.

j.

Anyone in a park during an overnight event must be participating in the event or a counter-demonstration thereto. An overnight event in a park does not open the park for general use.

(9)

A security plan approved by the Atlanta Police Department is required for every overnight event. Where the overnight event is part of an outdoor festival or large gathering that begins prior to or continues after night hours, the security plan for the overnight event portion of the festival or gathering must be separate from the security plan for the remainder of the outdoor event, and the requirements of each security plan may be different. The overnight event security plan must include the hiring of off-duty law enforcement officers who are present throughout the overnight event in a quantity prescribed by the Atlanta Police Department pursuant to Atlanta Code of Ordinances section 142-55. The requirement of off-duty law enforcement officers at the overnight event shall not, in and of itself, create a requirement for off-duty law enforcement officers during daytime hours.

(10)

Within two business days of the issuance of an overnight event permit, the commissioner of the department of parks and recreation shall send written notice of the event to the following individuals or their designees: the Clerk of the Atlanta City Council for distribution to the impacted councilmember; the Chair of the Atlanta Planning and Advisory Board; and the city coordinator of the NPU system for distribution to the neighborhood planning unit in which the overnight event will occur.

(Code 1977, § 10-2029; Ord. No. 2003-112, § 8, 12-9-03; Ord. No. 2006-66, § 5, 9-26-06; Ord. No. 2013-62(13-O-1243), § 1, 11-27-13 )