Item - 2015.PE7.1

The Parks and Environment Committee recommends that:

1.  City Council authorize the General Manager of Parks, Forestry and Recreation (the "General Manager") to enter into a license agreement with the Toronto Arts Council ("TAC") for the use of parks by various artists to be selected by Toronto Arts Council for the "Arts in the Parks" pilot program from May 1st, 2016 until September 30th, 2016 with the option to extend the agreement for up to two years at the sole discretion of the General Manager, on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor.

2. City Council approve the introduction of an "Arts in Parks" permit category at no charge which will allow artists to permit locations authorized by Parks, Forestry and Recreation, with the exception of Grange Park, for arts programming or installations and allow for temporary signage during such events, subject to the following criteria being met:

a.  Local Councillors will be consulted prior to any park being pre-designated for live music. If problems arise, local Councillors can request that the pre-designation be removed.

b.  In consultation with the local City Councillor, Parks, Forestry and Recreation staff will consider a cap on the number of permits issued on any single day or year in a single park.

c.  The permit will be issued to a Musician or a Music Organizer or artist without any requirement to demonstrate not for profit or charitable status. The requester for the permit can be an individual, a band, a music organizer or a group of artists.

d. The permit will be limited to one performance in a pre-designated park area, or one event comprised of multiple performances.

e. The permit holder will be able to obtain commercial sponsors for the event. Sponsors need to follow all City Policies with respect to display of logo, sample distribution, signs etc.

f. The permit holder will be able to sell their own music, art or promotional material only. Sale of any other items are not allowed.

g. In locations pre-designated by Parks, Forestry and Recreation as a musical permit location, amplified sound cannot exceed 85 decibels, measured from the end of the park, or in the case of a large park, to the edge of a designated area. Events not using amplified sound will not be required to obtain a Noise Exemption permit from Municipal Licensing and Standards.

h. The permit holder would comply with all noise by-laws.

i. The permit holder would provide the City of Toronto with a Commercial General Liability insurance policy for $2 million coverage. The policy can be obtained through the permit office during the application for the permit.

j. In order to enhance turnaround times, permits for pre-approved locations will be issued with a one week turnaround subject to availability and meeting other permit conditions. A designated permit officer will be assigned for these permits.

k. If the event includes one or more of the following conditions, it will require a Special Event or a Commercial Special Event Permit at the Council approved rates:

1.  Sale or service of food to the public;
2.  Construction /installation of large tents, or stages;
3.  Serving or selling alcohol;
4.  Use of a hot air balloon;
5.  Amusement type rides and games i.e. Bouncing castle;
6.  Entrance fees, donations in lieu of entrance fees, running a lottery, draw or raffle;
7.  Fireworks;
8.  The use of generator(s) in the park for reasons other than operating the sound amplification equipment.

3.  City Council approve the introduction of a "Music in Parks" permit category at no charge which will allow musicians to permit locations authorized by Parks, Forestry and Recreation, with the exception of Grange Park, for live performances and allow for temporary signage during such events, provided that sponsorship signage not exceed 50 percent of the total sign area, subject to the following criteria being met:

a. Local Councillors will be consulted prior to any park being pre-designated for live music. If problems arise, local Councillors can request that the pre-designation be removed.

b. In consultation with the local City Councillor, Parks, Forestry and Recreation staff will consider a cap on the number of permits issued on any single day or year in a single park.

c. The permit will be issued to a Musician or a Music Organizer or artist without any requirement to demonstrate not for profit or charitable status. The requester for the permit can be an individual, a band, a music organizer or a group of artists.

d. The permit will be limited to one performance in a pre-designated park area, or one event comprised of multiple performances.

e. The permit holder will be able to obtain commercial sponsors for the event. Sponsors need to follow all City Policies with respect to display of logo, sample distribution, signs etc.

f. The permit holder will be able to sell their own music, art or promotional material only. Sale of any other items are not allowed.

g. In locations pre-designated by Parks, Forestry and Recreation as a musical permit location, amplified sound cannot exceed 85 decibels, measured from the end of the park, or in the case of a large park, to the edge of a designated area. Events not using amplified sound will not be required to obtain a Noise Exemption permit from Municipal Licensing and Standards.

h. The permit holder would comply with all noise by-laws.

i. The permit holder would provide the City of Toronto with a Commercial General Liability insurance policy for $2 million coverage. The policy can be obtained through the permit office during the application for the permit.

j. In order to enhance turnaround times, permits for pre-approved locations will be issued with a one week turnaround subject to availability and meeting other permit conditions. A designated permit officer will be assigned for these permits.

k. If the event includes one or more of the following conditions, it will require a Special Event or a Commercial Special Event Permit at the Council approved rates: 

1.  Sale or service of food to the public;
2.  Construction /installation of large tents, or stages;
3.  Serving or selling alcohol;
4.  Use of a hot air balloon;
5.  Amusement type rides and games i.e. Bouncing castle;
6.  Entrance fees, donations in lieu of entrance fees, running a lottery, draw or raffle;
7.  Fireworks;
8.  The use of generator(s) in the park for reasons other than operating the sound amplification equipment.

 4.  City Council authorize the General Manager, Parks, Forestry and Recreation to allow Commercial/Private Special Events at the following eleven (11) designated parks on a permanent basis, and at other parks on a case-by-case basis:

The purpose of this report is to update Council on a number of initiatives in parks, Forestry and Recreation ("PF&R") to enhance the public's overall experience in the City parks, including new initiatives to enhance arts and music performances in parks, confirming the Commercial and Private Special Events in parks as a permit category, and internal administrative initiatives to enhance the permitting process.

The first part of the report focuses on two initiatives that will enhance arts and music programming in parks. The report introduces the new "Arts in the Parks" program and seeks authority to enter into a license agreement with Toronto Arts Council ("TAC") to initiate a pilot program where TAC will provide grants to artists for various multimedia activations in approximately 22 parks in 22 Wards. As a part of the initiative to enhance arts in parks, the report also seeks a new permit category for both Music and Arts in Parks which will allow artists and musicians, to stage performances in selected locations.

The second part of the report reports back on the Commercial Special Events pilot program conducted in 2014 allowing PF&R to assess the viability of allowing commercial events in selected city parks, while ensuring impacts to other park users and local neighbourhoods were minimized.  The report outlines the success of this program and seeks authority to continue commercial and private events in City parks.

The report also provides an update on various administrative initiatives to improve the permitting process, which includes hiring an external consultant to review the process and identify any opportunities to improve the process with a focus on simplifying the permit process and reducing the timelines for processing permit applications.

This report will be considered in conjunction with the deferred report from the August 15, 2014 meeting of the Parks and Environment Committee titled, "Update on Review of permitting Procedures for Park Events and Volunteer Activities'".