Chapter 9.36
SPECIAL EVENTS Revised 5/24
Sections:
9.36.010 Purpose and intent. Revised 5/24
9.36.020 Definitions. Revised 5/24
9.36.030 General provisions. Revised 5/24
9.36.040 Minor special event permit application. Revised 5/24
9.36.050 Neighborhood street closure permit application. Revised 5/24
9.36.060 Major special event permit application. Revised 5/24
9.36.070 Review process. Revised 5/24
9.36.080 Denial/revocation of special event permit. Revised 5/24
9.36.090 Applicable fees. Revised 5/24
9.36.100 Appeals. Revised 5/24
9.36.110 Interference with expressive activity prohibited. Revised 5/24
9.36.120 Hold harmless. Revised 5/24
9.36.130 Display of special event permit. Revised 5/24
9.36.140 Administrative regulations or policies. Revised 5/24
9.36.150 Penalties. Revised 5/24
9.36.010 Purpose and intent. Revised 5/24
The purpose of this chapter is to protect the First Amendment rights of the people of Capitola to peaceably assemble and/or protest in the city’s public places and to establish the least restrictive and reasonable time, place, and manner regulation of these activities. It is further intended to provide a coordinated process for managing special events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at special events, and to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of special events. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.020 Definitions. Revised 5/24
The following words and phrases, whenever used in this chapter, shall be construed as defined in this chapter:
A. “Applicant” means any individual, corporation, partnership, trust, nonprofit organization, association, group or other business entity or organization who seeks a special event permit under this chapter to organize a special event. For the purposes of this chapter, “applicant” includes sponsors of the proposed special event.
B. “Application” means a form approved by the city manager or his/her designee, which an applicant must submit pursuant to Section 9.36.030.
C. “Assembly” means the assembling or coming together of a number of persons for a particular purpose.
D. “City property” means all real property and improvements owned, operated or controlled by the city within the city’s jurisdiction. City property includes, but is not limited to, City Hall, police and fire facilities, recreational facilities, parks, libraries, streets and sidewalks.
E. “Expressive activity” means conduct, the sole or principal object of which is the expression of opinion, views, or ideas, protected by the First Amendment of the U.S. Constitution. Expressive activity includes, but is not limited to, public oratory and distribution of literature.
F. “Issuing entity” means either:
1. The police chief or designee for minor special events, neighborhood street closure events, and recurring major special events that were held in the prior year with no major public safety or traffic issues and which do not require new or different levels of city services from the prior year;
2. The city council for major special events or upon referral by the police chief or designee.
G. “Major special event” means any of the following:
1. Any organized assemblage of more than two hundred persons at any public place, public property, or public facility which is to gather for a common purpose under the direction or control of a person; or
2. Any organized assemblage at any public place, public property, or public facility which is to gather for a common purpose under the direction or control of a person or organization and that requires closure of a major street; or
3. Any other organized assemblage conducted by a person for a common or collective use, purpose or benefit which shall require extensive use of city public services for police regulation, monitoring or control, erecting barriers, traffic control, or parking needs that will exceed the capacity of the venue, or that will significantly interfere with normal use and operation of public rights-of-way for travel.
H. “Major streets” means the streets in the city of Capitola which serve to deliver significant traffic through the city, and include: 38th Avenue, 41st Avenue, 42nd Avenue between Jade Street and Capitola Road, 45th Avenue, 47th Avenue between Portola Drive and Capitola Road, 49th Avenue between Capitola Road and Wharf Road, Bay Avenue, Capitola Avenue, Capitola Road, Clares Street, Cliff Drive, Esplanade (not including the portion of Esplanade directly adjacent to Esplanade Park), Gross Road, Hill Street, Jade Street, Kennedy Drive, McGregor Drive, Monterey Avenue, Park Avenue, San Jose Avenue between Esplanade and Capitola Avenue, Stockton Avenue, and Wharf Road.
I. “Minor special event” means an organized assemblage of at least seventy-five and at most two hundred persons at any public place, public property, or public facility which is to gather for a common purpose under the direction or control of a person and which does not require major street closure and does not require closure of a street in a single-family or multifamily zone.
J. “Neighborhood street closure event” means an event organized for the assemblage of up to two hundred persons requiring the closure of a street in a single-family or multifamily zone.
K. “Organize” means to organize, operate, manage, stage, promote, sponsor or carry on a special event, as defined.
L. “Organizer” means the person responsible for managing and leading the proposed special event, as defined, on the day or days of the special event.
M. “Permittee” means any person that has been issued a special event permit in accordance with this chapter.
N. “Special event” refers to any or all of a major special event, minor special event, or a neighborhood street closure event.
O. “Special event permit” means a permit issued by the issuing entity to organize a major special event, a minor special event, or a neighborhood street closure event, as defined, consistent with the provisions of this chapter. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.030 General provisions. Revised 5/24
A. Permit Required. Except when expressly provided pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the city council, no person shall operate any special event regulated by this chapter without first obtaining a special event permit in accordance with the provisions of this chapter, unless exempt as set forth in subsection B of this section. Special event permits must set forth the applicable noise limit if the proposed event shall exceed the noise regulations set forth in Chapter 9.12 of this code.
B. Exempt Activities.
1. Any expressive activity on city-owned, controlled, or maintained property not otherwise considered a minor special event, major special event, or neighborhood street closure event.
2. Activities on school grounds, which are exempt from the requirements of this chapter.
3. Spontaneous events which are occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event may be conducted on city property without the organizers having to obtain a special event permit if all of the following factors are satisfied:
a. The spontaneous event does not impede vehicular traffic or violate regulations regarding pedestrian and vehicular traffic;
b. The organizer provides the police chief or designee with at least four hours of prior notice of the spontaneous event; and
c. The location where the spontaneous event is to be conducted has not been previously rented, reserved, or otherwise obligated to another use in accordance with established city policies and procedures for use and/or rental of city facilities.
4. Activities comprising or involving construction, maintenance, or requiring a city-issued encroachment permit.
5. Filming, as regulated by Chapter 9.62 of this code.
C. Events or gatherings which require a permit pursuant to other chapters of this code, including but not limited to group activities in city-owned parks pursuant to Chapter 12.40 of this code, shall not be considered spontaneous events.
D. Major Streets. The police chief or designee shall review all applications to determine whether closure of major streets is required. The police chief or designee shall make factual findings supporting his or her determination, including whether the proposed special event poses specific health and/or safety issues requiring closure of major streets, including but not limited to impacts to traffic and use of city resources, as a result of the proposed special event. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.040 Minor special event permit application. Revised 5/24
A. To receive a minor special event permit, an applicant must file a complete application with the police chief or his/her designee on a form approved by the city manager at least forty-five days before the proposed minor special event. An application is considered complete when it includes all of the following information:
1. A description of the proposed use, event, or activity;
2. The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed minor special event, including whether the proposed minor special event will require closure of any street, a description of noise-generating equipment, as well as circulation plan and site layout;
3. The manner in which the public property will be utilized;
4. Proof of insurance, as required by the city;
5. The date or dates and the specific times thereof, including setup and teardown, that the public property is to be utilized for the proposed minor special event;
6. The name, address, and telephone number of the applicant(s) for the proposed minor special event permit;
7. The name, address, and telephone number of the organizer, in the event the city must contact said individual on the day or day(s) of the proposed minor special event; and
8. Other information as deemed necessary by the police chief or his/her designee to ensure public safety.
B. The police chief or designee shall review and issue or deny the minor special event application within thirty days of receipt of a completed application, unless the applicant and the city mutually agree to a later date.
C. Minor special event permits are issued on the condition that the applicant receives approvals and/or any other necessary permits from relevant governmental agencies. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.050 Neighborhood street closure permit application. Revised 5/24
A. To receive a neighborhood street closure permit, the applicant must file a complete application with the police chief or his/her designee on a form approved by the city manager at least thirty days before the proposed neighborhood street closure event. An application is considered complete when it includes all of the following information:
1. A description of the proposed use, event, or activity;
2. The specific area of the street that will be closed in connection with the neighborhood street closure event;
3. Evidence of the applicant’s and organizer’s residence on the specific area of the street request for closure;
4. Consent of at least six additional households or fifty percent of the households located within the requested street closure area, whichever is less;
5. Map or site layout of the neighborhood street closure event site;
6. Proof of insurance, as required by the city;
7. The manner in which the public property will be utilized;
8. The date and the specific times thereof, including setup and teardown, that the street is to be closed;
9. The name, address, and telephone number of the applicant and organizer(s) to be contacted regarding the application, permit, and the neighborhood special event;
10. Other information as deemed necessary by the police chief or his/her designee to ensure public safety.
B. The police chief or designee shall review and issue or deny the neighborhood street closure event permit application within thirty days of receipt of a completed application unless the applicant and the city mutually agree to a later date.
C. Neighborhood street closure event permits are issued on the following conditions:
1. The applicant submits proof that all households within the street closure area are notified of the street closure ten days prior to the neighborhood street closure event; and
2. The applicant has received approvals and/or any other necessary permits from relevant governmental agencies;
3. All households located within the street closure area shall be permitted to attend neighborhood street closure events free of charge. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.060 Major special event permit application. Revised 5/24
A. To receive a major special event permit, an applicant must file a complete application with the police chief or his/her designee on a form approved by the city manager at least ninety days before the proposed major special event. An application is considered complete when it includes all of the following information:
1. A description of the proposed use, event, or activity;
2. The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed major special event, including whether the proposed major special event will require closure of major streets or other streets, a description of noise-generating equipment, a circulation plan and site layout, including a parking or shuttle plan for transportation to and from the proposed major special event;
3. The manner in which the public property will be utilized;
4. The date or dates and the specific times thereof, including setup and teardown, that the public property is to be utilized for the described major special event;
5. The name, address and telephone number of the applicant(s);
6. Proof of insurance, as required by the city;
7. The name, address and telephone number of the organizer of the proposed major special event, in the event the city must contact said organizer on the day or day(s) of the proposed major special event;
8. A completed safety and security plan;
9. Other information as deemed necessary by the police chief or his/her designee to ensure public safety;
10. Certification of completeness by the police chief or his/her designee.
B. The city council shall review and issue or deny the application no later than the second regular city council meeting following the submission of a completed application or thirty days, whichever is later, unless the applicant and the city mutually agree to a later date.
C. Major special event permits are issued on the condition that the applicant receives approvals and/or any other necessary permits from relevant governmental agencies. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.070 Review process. Revised 5/24
A. Subject to the criteria for denial set forth in Section 9.36.080, the issuing entity shall issue a special event permit if it is determined that all of the following criteria have been met:
1. The proposed use of city property for the special event is not otherwise governed by or subject to any other permit procedures provided elsewhere in this code.
2. The application is complete and includes all the information required by this chapter.
3. The preparation for or the conduct of the proposed special event will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular special event area or adversely affect the city’s ability to perform municipal functions or furnish city services in the vicinity of the special event area.
4. The proposed special event does not otherwise present substantial safety, noise, environmental, or traffic hazards, considering the number of participants and proposed location, such as to endanger the health or safety of the event participants, general public, or city employees, which cannot be adequately remedied by reasonable traffic control and other safety measures.
B. In deciding whether to approve an application, no consideration may be given to the message of the proposed special event, the content of speech, or the identity or associational relationships of the applicant(s) or organizer(s).
C. The issuing entity may condition the special event permit to mitigate health, safety, and impacts to city services.
D. Recurring Special Events. Major special events that recur every year, and which do not require new or different levels of city services from year to year and which did not present major public safety or traffic issues in the prior year may be reviewed and issued by the police chief or designee without city council approval.
E. Annual Special Event Update. The police chief or designee shall provide the city council with an annual report on the minor and major special event permits that were issued in the prior year, summarizing any issues that were identified and, to the extent necessary, outlining any procedural changes for the following year. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.080 Denial/revocation of special event permit. Revised 5/24
The issuing entity may deny any application for a special event permit or revoke such a permit if the issuing entity finds any of the following:
A. One or more of the approval criteria specified in Section 9.36.070 is not or can no longer be met.
B. The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the application process.
C. The application is incomplete or does not contain the information required by this chapter.
D. The application does not satisfy the requirements of this chapter.
E. The applicant fails to comply with any conditions of approval, including, but not limited to:
1. Remittance of fees, charges, or deposits;
2. Submittal of an indemnification agreement and/or proof of insurance for the special event as required by the city;
3. Timely submittal of all required documents; or
4. Obtaining approvals and/or any other necessary permits from relevant governmental agencies.
F. The applicant or organizer has damaged city property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior special event permit issued by the city.
G. The proposed special event is scheduled to occur at a location and time in conflict with another special event already permitted or that can be permitted to another applicant that submitted an application first in time, or is in conflict with city-sponsored programming.
H. The proposed special event would require the diversion of public safety or other city employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the city, or the proposed special event will adversely affect the city’s ability to reasonably perform municipal functions or furnish city services.
I. The proposed special event is in conflict with applicable provisions of any federal, state and/or local laws.
J. The application was submitted less than thirty days before the proposed neighborhood street closure event, forty-five days before the proposed minor special event, or ninety days before the proposed major special event. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.090 Applicable fees. Revised 5/24
Special event permit application fees pursuant to this chapter shall be established by resolution of the city council. Applicants shall pay application fees upon submittal of the application to the city for review. Where a special event requires street closure, barriers, or other infrastructure, the applicant shall pay such fees as may be established by resolution of the city council for traffic control and related municipal expenses, including, but not limited to, public safety, services, solid waste and recycling services, building inspections, city lifeguard services, traffic control, and any other applicable fees. Additionally, use of city buildings or facilities shall be subject to any use or rental fees established by the city. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.100 Appeals. Revised 5/24
An applicant may appeal the denial or revocation of a special event permit by the police chief or designee in accordance with the appeal process set forth in Chapter 2.52 of this code. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.110 Interference with expressive activity prohibited. Revised 5/24
It shall be unlawful for any person to interfere with a special event permitted under this chapter by engaging in the following acts when done with the intent to cause interference:
A. Blocking, obstructing, or impeding the passage of participants, vehicles, or animals in the special event along the special event route;
B. Walking or running, driving a vehicle, riding a bicycle or skateboard, or using any similar device through, between, with, or among participants, vehicles, or animals in the special event;
C. Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in a special event. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.120 Hold harmless. Revised 5/24
Each permittee shall execute a hold harmless agreement in a form approved by the city agreeing to defend, indemnify, and hold harmless the city against losses and liabilities incurred from the willful or negligent acts or omissions of the permittee or its officers, employees, and agents. If city property is destroyed or damaged by reason of permittee’s special event and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property. Nothing in this provision shall require a permittee to indemnify the city from claims or losses occasioned by the reaction of third parties to expressive activity at the permittee’s special event. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.130 Display of special event permit. Revised 5/24
A copy of the special event permit shall be available at the event site and shall be exhibited upon demand of any city official. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.140 Administrative regulations or policies. Revised 5/24
The city manager, or designee, may adopt administrative regulations or policies that are consistent with and that further the terms and requirements set forth within this chapter, and as may be necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful uses, protect the safety of persons and property and control vehicular and pedestrian traffic. All such administrative regulations or policies must be in writing. (Ord. 1065 § 2 (Exh. A), 2024)
9.36.150 Penalties. Revised 5/24
Violations of this chapter may be enforced pursuant to any laws and remedies available to the city including but not limited to enforcement as a misdemeanor and/or public nuisance pursuant to Title 4. (Ord. 1065 § 2 (Exh. A), 2024)