§ 142-6. Penalties for violations of this chapter.

Any person or organization violating the requirements of this chapter 142 shall be subject to the following penalties:

(a)

Any person who shall conduct, host, or sponsor an outdoor event for which a proper permit has not been obtained, shall be responsible for paying all costs that would have been owed had the outdoor event been permitted or properly permitted. The chief of staff shall determine what type of outdoor event occurred based upon observations of a member of the Atlanta Police Department who observed the outdoor event. The chief of staff shall issue a bill for the total amount owed, and the bill shall be paid in full within 30 days of receipt of the bill. The bill shall include:

(1)

An amount equivalent to what the person would have been assessed for the issuance of an outdoor event permit as set forth below in this chapter. The assessment shall be equivalent to the sum of: (a) the application fee; (b) the appropriate permit fee based upon the type of outdoor event, and based upon the number of persons attending the outdoor event, but only if such factor is normally a factor in determining the permit fee for the type of outdoor event that occurred; and (c) the sub-permit fee(s) if applicable. For purposes of determining the amount of attendees at the outdoor event, such determination shall be made by the chief of staff, based upon observations of a member of the Atlanta Police Department who observed the outdoor event; and

(2)

The cost of solid waste services, maintenance services, services required to remove human waste and refuse, supplemental services, and other restoration services.

(3)

An amount equivalent to the cost of providing the number and quality of off-duty law enforcement officers and private security guards that would have been required for the outdoor event, if any. If the outdoor event is an outdoor festival, the number and quality of required off-duty law enforcement officers and private security guards shall be determined as set forth in section 142-55 below. The cost of hiring these officers and guards shall be determined by the Atlanta Police Chief. In doing so, the Atlanta Police Chief or her/his designee shall contact a company licensed by the State of Georgia Board of Private Detective and Security Agencies, that employs such security officers, and gather the cost of contracting for such officers from the company at the time of the outdoor event.

(4)

An amount equivalent to the cost of providing the number of fire marshals that would have been required for the outdoor event, if any, as determined by the Chief of the Atlanta Fire Rescue Department. In addition, the bill shall include the cost of any violations of the Atlanta Fire Code arising from the outdoor event, as determined by the Chief of the Atlanta Fire Rescue Department, or her/his designee.

(b)

Any person who shall conduct, sponsor, host, or promote an outdoor event for which a permit has not been obtained as required by this article, shall have committed and may be charged with a misdemeanor. Upon conviction such person shall be subject to the penalties set forth in section 1-8(c) of this Code of Ordinances.

(c)

Any host who fails to abide by the terms of the permit, or any related sub-permit, and who fails to correct her/his deviation from said terms upon oral or written notice by the city, shall have committed and may be charged with a misdemeanor. Upon conviction such person shall be subject to the penalties set forth in section 1-8(c) of this Code of Ordinances.

(d)

Any person who shall fail to timely pay the bill described in subsection (a) of this section shall have committed and may be charged with a misdemeanor that shall be continuous with respect to time for each day that the bill is not paid. Each day that the violation continues shall be deemed a separate offense, and upon conviction, the person shall be subjected to the penalties of section 1-8(c) of this Code of Ordinances for each offense.

(e)

The provisions of this section 142-6 shall apply to any person who obtains a large gathering or private large gathering permit, as defined below in sections 142-103 and 142-115 respectively, or any other type of outdoor event permit, other than an "outdoor festival" permit, (as defined below in section 142-51(h)), where the outdoor event actually has more than 250 attendees on public property, or more than 500 attendees on private property, and meets the requirements set forth in sections 1, 2, 4, 5 and 6 of the definition of outdoor festival; except that the failure to obtain an outdoor festival permit shall be deemed a misdemeanor only if the person obtaining the outdoor event permit should have reasonably expected that the number of attendees would exceed 250 people on public property or 500 people on private property. For events that are publicized to the general public by fliers and/or radio advertisements and/or other types of advertisements, the person obtaining the outdoor event permit will automatically be deemed as having a reasonable expectation that the number of attendees would exceed 250 people on public property or 500 people on private property.

(Ord. No. 2006-66, § 15, 9-26-06)