Chapter 5.20
OLD TOWN SPECIAL EVENTS
Sections:
5.20.01 Findings and declaration of intent.
5.20.03 Old Town Special Event.
5.20.05 Waiver of time requirements.
5.20.08 Cost of special event.
5.20.10 Peddlers and itinerant vendors.
5.20.15 Appeal of the denial or suspension of a seller permit.
5.20.16 Other rules and regulations: Applicability of chapter.
5.20.17 Compatibility with state and federal laws and Constitutions.
5.20.01 Findings and declaration of intent.
The City Council finds and declares that it has historically closed City streets in portions of the downtown area, commonly referred to as Old Town Clovis, for the purpose of assisting certain community and regional events benefitting Old Town Clovis, the community at large and non-profit business organizations operating in the City. Control over the operation of these community and regional events has traditionally been turned over to the entity sponsoring the event. The City Council finds and declares that there is a need to provide written guidelines and regulations on how these Old Town community and regional events shall operate. In enacting this chapter, it is not the intent of the Council to declare all events held in Old Town Clovis a declared “Old Town Special Event.” Events not declared “Old Town Special Events” shall be subject to other applicable City ordinances. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.02 Purpose.
The purposes of this chapter are as follows:
(a) To establish a legal framework for the operation of Old Town Special Events;
(b) To set forth minimal requirements for sponsors of Old Town Special Events;
(c) To meet the need for order and control during Old Town Special Events;
(d) To ensure that the theme or character of the Old Town Special Event is maintained, and that the use of public property is compatible with the Old Town Special Event. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.03 Old Town Special Event.
(a) “Old Town Special Event” means any outdoor public event utilizing public areas, including streets and parking lots temporarily closed by the City Council, in the vicinity of Old Town Clovis, and which event has been declared an Old Town Special Event by resolution of the City Council. The outside maximum boundaries for a declared Old Town Special Event shall consist of the eastern line of the Clovis Old Town Trail (former railroad right-of-way corridor), the southern line of Barstow Avenue, the western line of Woodworth Avenue, and the northern line of Second Avenue.
Old Town Special Events include, but are not limited to, the following:
(1) Farmers’ Market, generally held from May to September;
(2) Antique and Collectible Fair, generally held several times a year;
(3) Clovisfest Musicale, generally held in September;
(4) Big Hat Days, generally held in April;
(5) Children’s Christmas Parade, generally held in December.
(b) Any person seeking to have a public event declared an Old Town Special Event shall seek a declaration from the City Council at least ninety (90) days prior to the event. If a street closure is required in connection with the proposed Old Town Special Event, such request shall be made at the same time.
(c) The declaration of the City Council shall establish the precise boundaries of the Old Town Special Event and designate an event sponsor.
(d) The City Council may by resolution delegate the authority to declare an Old Town Special Event, and to temporarily close City streets in connection therewith, to the City Manager and the City Manager’s designee. (§ 1, Ord. 00-03, eff. February 17, 2000)
5.20.04 Permit required.
(a) The sponsor (event sponsor) of an Old Town Special Event shall obtain an Old Town Special Event permit from the City Clerk.
(b) Application for the permit shall be made not less than sixty (60) days prior to the event and shall contain the information required by the City Clerk. The application shall also be accompanied by a street plan showing the proposed location of planned activities and vendor booths.
(c) Upon receipt of an application, the City Clerk shall circulate the application to the following departments for comments and approval: Police Department, Fire Department, Planning and Development Services Department, Public Works Department, and Risk Management Department. These departments may impose terms and conditions upon the Old Town Special Event permit and issuance and approval of the permit is conditioned upon compliance with the required conditions. At a minimum, the permit shall include conditions for holding the City harmless, maintaining minimum limits of liability insurance in accordance with City standards, providing security and traffic control, providing adequate restroom and sanitation facilities, and paying for the cost of City services.
(d) The Old Town Special Event permit may be revoked for noncompliance with the conditions of the permit and the provisions of this chapter. Revocation may be made by the City Manager, the Chief of Police, or their designees. If the grounds for revocation occur during the Old Town Special Event, the City Manager, the Chief of Police, or their designee, shall first advise the event sponsor of the grounds for revocation and provide an opportunity to correct the same.
(e) The Old Town Special Event permit may also be revoked during the event if fire or another emergency requires the event to be terminated to protect the public safety. When the Old Town Special Event permit is revoked for this reason, all event participants must immediately comply with instructions from any City Police Officer or Fire Department personnel. (§ 1, Ord. 00-02 eff. February 17, 2000)
5.20.05 Waiver of time requirements.
The time limits for declaring an Old Town Special Event and processing an Old Town Special Event Permit under this chapter may be waived when in the opinion of the decision maker, and for good cause, a lesser time is sufficient to process the request. Good cause shall exist if the event sponsor could not reasonably have anticipated and planned for the event prior to the required time limit. For example, where the proposed event first came to the event sponsor’s attention 30 days prior to the event date. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.06 Management.
Subject to the minimum requirements set forth in Section 5.20.07, the event sponsor shall:
(a) Promulgate rules and regulations for the Old Town Special Event, including rules and regulations to maintain the theme or character of the Old Town Special Event. A copy of the rules and regulations shall be submitted to the City Clerk not less than thirty (30) calendar days prior to the Old Town Special Event;
(b) Have control over the terms and conditions under which persons chosen to provide vending services will operate at a declared Old Town Special Event including, but not limited to, products sold, hours of sale, fees, vendor locations and issuance of seller permits;
(c) Take any other actions which are necessary for the efficient management and operation of the Old Town Special Event. (§ 1, Ord. 00-02 eff. February 17, 2000)
5.20.07 Minimum requirements.
(a) The event sponsor shall abide by the following minimum requirements:
(1) Maintain openings between vendor booths of sizes, and at locations and distances, required by the City. The required openings shall be specified in the terms and conditions of the Old Town Special Event permit and be identified on the event sponsor’s street plan;
(2) Not use any permanent or semi-permanent paint or other markers to delineate or mark the location or other direction on any public street, sidewalk, alley or parking lot;
(3) Not discriminate in the selection of any vendor on the basis of race, color, religion, sex, national origin or familial association;
(4) Require that all vendors obtain and display all appropriate permits, licenses and certificates, and comply with all applicable federal, state and local laws, ordinances and regulations.
(5) Require that vendors maintain their spaces in a clean and sanitary condition, including the removal of containers, waste and trimmings before leaving the area;
(6) Require that vendors take sufficient measures to keep the City storm drain system free from contamination, and require that food vendors take special precaution to keep grease and other waste products off all public streets, sidewalks, alleys and parking lots;
(7) Provide on-site personnel who can be contacted by appropriate City officials for immediate corrective action either for noncompliance with this chapter or the permit conditions, for emergencies, or for actions deemed necessary by the City official. Such personnel shall be equipped with appropriate means of communication to be made known to the City by the event sponsor prior to the event;
(8) Distribute the rules and regulations to each person participating in the Old Town Special Event.
(b) These minimum requirements shall be deemed a part of the permit conditions and may be supplemented by resolution of the City Council. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.08 Cost of special event.
(a) The event sponsor will be responsible for the costs associated with the Old Town Special Event, including, but not limited to:
(1) The cost of City services related to the Old Town Special Event;
(2) The cost to repair any damage caused to any public property and rights-of-way, including landscaping.
(b) The event sponsor may apply to the City Council for cooperation in presenting an Old Town Special Event and request financial assistance for some or all of the costs of City services related to the Old Town Special Event. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.09 Permit to sell.
(a) No person shall sell or offer to sell any item at the Old Town Special Event except under the authority of a valid permit approved by the event sponsor.
(b) The event sponsor shall designate a person or persons responsible for issuing permits to sell.
(c) Permits to sell (seller’s permit) shall give a seller the privilege of selling at the Old Town Special Event only if the following conditions are met:
(1) The seller properly files an application for a permit to sell at the Old Town Special Event with the event sponsor;
(2) The seller complies with all federal, state and local laws and regulations relating to the Old Town Special Event, including the rules and regulations of the event sponsor;
(3) The seller obtains all required permits, licenses and certificates;
(4) The seller pays all required fees to the appropriate authorities, including any fees due the event sponsor;
(5) The seller grants permission to the event sponsor, or an authorized representative, to enter the seller’s premises for the reasonable inspection of land, facilities and records, in order to determine whether the seller is in compliance with the permit conditions, the rules and regulations of the event sponsor and the terms of this chapter.
(d) A seller’s permit shall not be required for existing businesses selling merchandise from their stores, or on the sidewalk in front of their stores in accordance with Section 5.20.11.
(e) Whenever the event sponsor in good faith believes that a vendor has violated the conditions of the seller’s permit, the event sponsor may immediately suspend the seller’s permit.
(f) Vendors shall have an opportunity to appeal the denial or suspension of a seller’s permit as set forth in Section 5.20.15. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.10 Peddlers and itinerant vendors.
(a) All approved peddler and itinerant vendor permits and licenses shall be deemed suspended for the duration of any declared Old Town Special Event. All permit- and license-holders shall be notified of this provision.
(b) No person holding a peddler or itinerant vendor permit or license shall sell merchandise within the designated Old Town Special Event area for the duration of any declared Old Town Special Event unless the holder of the peddler or itinerant vendor permit or license has a written agreement with the event sponsor to participate in the Old Town Special Event, or otherwise has a seller’s permit from the event sponsor.
(c) The event sponsor shall allow existing peddler and itinerant vendor permit- and license-holders the same opportunity to participate in a declared Old Town Special Event as the event sponsor offers to other vendors. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.11 Sidewalks.
When City streets are closed in connection with any declared Old Town Special Event, City sidewalks shall be considered part of the declared Old Town Special Event but shall not be considered part of the street closure. Sidewalk use during Old Town Special Events for other than pedestrian traffic shall require the obtainment of a sidewalk permit from the Planning and Development Services Department, and shall be subject to the conditions set forth in the sidewalk permit. The conditions shall, at a minimum:
(a) Set forth what merchandise may be sold or distributed from the sidewalk, which shall be limited to that merchandise ordinary sold by the business seeking the permit;
(b) Require the permittee to hold the City harmless and maintain liability insurance;
(c) Require the permittee to maintain a minimum of forty-eight (48′′) cubes unobstructed walkway width for pedestrian and fire access at all times along the sidewalks. In addition, when the business is open to the public, require the permittee to maintain a minimum of forty-eight (48′′) unobstructed walkway width for pedestrian and fire access from the front door of the business to the street curb. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.12 Parades.
Any person or organization desiring to have a parade in connection with an Old Town Special Event shall comply with Chapter 5.14 of the Municipal Code in addition to the provisions of this chapter. (§ 1, Ord. 00-02, eff. February 16, 2000)
5.20.13 Interference.
(a) It shall be unlawful for any person to interfere with, disrupt or impede a permitted Old Town Special Event.
(b) It shall also be unlawful for a person to put up any booth, table, chair, stool, structure, vehicle, or piece of equipment in any public area located within a designated Old Town Special Event area for which an event sponsor has been issued a permit without the consent of the event sponsor.
(c) This section shall not apply to persons acting under the direction or control of the City. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.14 Violations.
(a) Any person who violates the provisions of this chapter shall be deemed guilty of either a misdemeanor or an infraction, in accordance with Section 1.2.01 of the Clovis Municipal Code. In addition, civil penalties of one hundred dollars ($100.00) for a first violation and up to one thousand dollars ($1,000.00) for subsequent violations may be imposed.
(b) Every day that any such violation continues shall constitute a separate offense.
(c) In addition to subsection (a), the event sponsor is authorized to take civil action to enforce the requirements of this chapter, and the rules and regulations established by the event sponsor.
(d) The remedies provided herein shall not be exclusive, and the violation of any provision of this chapter shall be subject to other remedies as may be provided by law. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.15 Appeal of the denial or suspension of a seller permit.
After the denial or suspension of a seller’s permit, the event sponsor shall allow the vendor an opportunity for an appeal hearing before the event sponsor’s governing board, or if no governing board, the person with the highest decision making authority, to determine if the permit shall be issued, further suspended, reinstated or revoked for repeated violations. The hearing shall be held within a reasonable time, depending upon the date and duration of the Old Town Special Event, but in no event later than thirty-five (35) days. The event sponsor shall establish procedures for the conduct of the hearing. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.16 Other rules and regulations: Applicability of chapter.
(a) Unless directly in conflict with this chapter, the event sponsor shall comply with all other applicable city ordinances, resolutions, policies, rules and regulations.
(b) This chapter is intended to apply to declared Old Town Special Events. If an event is not a declared Old Town Special Event, this chapter shall not apply. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.17 Compatibility with State and Federal laws and Constitutions.
It is the intention of the City Council and the people of the City of Clovis that this chapter shall be interpreted in a manner compatible with the State of California Constitution and the United States Constitution and the laws of the State of California and the United States. (§ 1, Ord. 00-02, eff. February 17, 2000)
5.20.18 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, that holding shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses or phrases might be declared unconstitutional or invalid. (§ 1, Ord. 00-02, eff. February 17, 2000)