Chapter 9.38
SPECIAL EVENTS
Sections:
9.38.020 Additional definitions.
9.38.030 Permits required - exemptions.
9.38.040 Application procedure.
9.38.050 Contents of application form.
9.38.060 Action on application.
9.38.070 Grounds for denial of application for a permit.
9.38.090 Appeal procedure-waivers.
9.38.110 Indemnification agreement.
9.38.140 Cleanup deposits for certain special events.
9.38.160 Unlawful to sponsor, authorize or participate in event without permit or notice.
9.38.170 Unlawful to exceed scope of permit.
9.38.180 Revocation of permit.
9.38.010 Special events.
As hereinafter mentioned in this Chapter, special event means, including but without limitation, any assembly or congregation of persons, display, entertainment or demonstration, that is likely to meet any one or more of the following criteria:
A. Be attended by one hundred (100) or more people or charges admission to the general public;
B. Obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or otherwise fail to comply with traffic laws and controls; or
C. Can be reasonably expected to become a hazard to the public peace, health, safety or general welfare as determined by either the chief of police or designee, fire chief or designee, or the parks and recreation director or designee.
(Ord. 2005-05, Added, 07/05/2005)
9.38.020 Additional definitions.
Applicant means any person requesting a permit to conduct or sponsor an event governed by this Chapter. Applicants must be eighteen (18) years of age or older.
Category one, two or three notice means the notice submitted to the city’s parks and recreation department pursuant to section 9.38.030 that notifies the city of an upcoming event.
Category one event means any special event that is reasonably expected to attract from one hundred (100) to four hundred ninety-nine (499) people.
Category two event means any special event that is reasonably expected to attract from five hundred (500) to three thousand (3,000) people.
Category three event means any special event that is reasonably expected to attract more than three thousand (3,000) people.
Chief of police means the chief of the City of Galt’s police department and includes the chief of police’s designee.
Fire chief means the chief of the fire district for Galt and includes the fire chief’s designee.
Organizer means any person who is conducting, sponsoring or organizing a special event.
Parade means a special event in which the assembly moves along a pre-established route on city streets but may also be attended by spectators.
Parks and Recreation Director means the City of Galt’s director of the parks and recreation department and includes the director’s designee.
Participant means a spectator, fan, supporter or any other person attending for the purpose of watching and/or participating in the special event.
Permit means a special event permit granted pursuant to this Chapter.
Permittee means any person or organization that has been issued a permit by the City of Galt.
Person means any individual, firm, partnership, association, corporation, company or organization of any kind.
Right-of-way means the dedicated portion of any street or road within the City of Galt.
Street closure means a special event that is stationary or a parade, generally limited to one or more specific streets of city blocks that requires them to be closed off to vehicle traffic.
(Ord. 2005-05, Added, 07/05/2005)
9.38.030 Permits required - exemptions.
Except as otherwise provided herein, all special events occurring within the City of Galt shall be prohibited unless a permit, properly issued by the parks and recreation department, has first been obtained.
A. Exemptions. A permit is not required for the following:
1. Governmental agencies acting within the scope of their authorized function;
2. Special events held at private residences.
3. Any parade or assembly of pedestrians organized for the purpose of exercising First Amendment rights and involving a procession of persons walking on sidewalks and obeying all traffic and other laws.
B. Category one events. A permit may not be required for category one events held:
1. On City of Galt property, excepting in the public right-of-way. In the case of category one events in the public right-of-way, organizers shall submit an application in accordance with section 9.38.040; or
2. At a private facility that was constructed for the purpose of conducting the type of activities that are contemplated for special events for less than five hundred (500) participants.
C. Category one notice. For category one events held at private facilities as described in section 9.38.030 B.2, above, the owner of the facility, or the occupants making it available, shall submit a category one notice to the Parks and Recreation Department. Such notices shall be filed no later than thirty (30) days before the special event. Category one notices shall include the name, telephone number and address of the organizer, the time, date, location and brief description of the event and the projected attendance. The Parks and Recreation Director or designee shall review all category one notices. If the special event is deemed a category one event, no further action shall be required. If however, the special event is deemed a category two or category three event, the organizer shall be required to submit a permit application and be reviewed by the city council pursuant to section 9.38.060. (Ord. 2005-05, Added, 07/05/2005)
9.38.040 Application procedure.
A. Except as otherwise provided herein, all applications for category one or two permits shall be filed with the parks and recreation department no less than thirty (30) days before the scheduled event.
B. Except as otherwise provided herein, all applications for category three permits shall be filed with the parks and recreation department no less than sixty (60) days before the scheduled event.
C. Notwithstanding the foregoing, the Parks and Recreation Director or designee shall consider an application that is filed after the filing deadline if:
1. The event involves an activity primarily in exercise of First Amendment rights;
2. A waiver is granted by the city council; or
3. A category one notice was timely filed but the event was later characterized as a category two or category three event by the Parks and Recreation Director or designee.
D. The Parks and Recreation Director or designee shall, for good cause, consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other City of Galt services for the event. Good cause may be demonstrated by showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed. (Ord. 2005-05, Added, 07/05/2005)
9.38.050 Contents of application form.
A. The application for a permit shall include the following information set forth below:
1. Written proof of consent by the owners of the property where the special event is to be held;
2. The name, address, and telephone number of the applicant and an alternative contact person;
3. The location of the event, including its boundaries and site plan drawings;
4. If the proposed event is sponsored by an organization, the name, address, and telephone number of the organization, and the authorized representative of the organization;
5. The nature and purpose of the event, including a list of all planned activities that are contemplated for the special event;
6. The name, address, and telephone number of the person(s) who will be present and in charge of the event on the day of the special event;
7. Date and estimated starting and ending times of the special event including set-up and clean-up actions;
8. The estimated number of participants/attendees of the special event;
9. The type and estimated number of vehicles, animals, and structures which will be used at the special event;
10. A description of any sound-amplification equipment and the times during which such equipment will be used at the special event, and a sound plan that describes measures to be taken by the applicant to ensure compliance with all applicable City of Galt laws, rules and regulations regarding amplified sound and music;
11. Whether any food or non-alcoholic beverages will be sold or consumed at the special event and, if so, proof of compliance with all applicable local, state and federal laws, rules and regulations, including proof that the applicant has obtained all necessary permits;
12. Whether any alcoholic beverages will be sold or consumed at the event and, if so, proof of compliance with all applicable laws, rules and regulations of the California Department of Alcoholic Beverage Control;
13. Parking requirements for the special event;
14. The plan for clean-up after the special event, including any contracts to effectuate the clean-up;
15. Proof of liability and property insurance as required by section 9.38.120;
16. A description of the sanitary facilities to serve the participants of the special event.
17. Supplemental Information. Any supplemental information that, under the particular circumstances of the special event application, the Parks and Recreation Director or designee finds reasonably necessary to determine whether to approve or conditionally approve a permit shall be provided. (Ord. 2005-05, Added, 07/05/2005)
9.38.060 Action on application.
A. The Parks and Recreation Director or designee, shall approve, conditionally approve, or deny all category one applications no later than ten (10) calendar days after receiving a complete application. Denials shall be based on one or more of the grounds specified in section 9.38.070. In the event of special circumstances, as determined by the Parks and Recreation Director or designee, the time limits for such a determination may be reasonably extended.
B. The Parks and Recreation Director or designee, upon concurrence of the chief of police or designee and fire chief or designee, shall approve, conditionally approve, or deny a category two application no later than fifteen (15) calendar days after the Parks and Recreation Director or designee receives a complete application. Denials shall be based on one or more of the grounds specified in section 9.38.070. In the event of special circumstances, as determined by the Parks and Recreation Director or designee, the time limits for such a determination may be reasonably extended.
C. The Parks and Recreation Director or designee, upon concurrence of the chief of police or designee and fire chief or designee, shall approve, conditionally approve, or deny a category three application no later than thirty (30) calendar days after the Parks and Recreation Director or designee receives a complete application. Denials shall be based on one or more of the grounds specified in section 9.38.070. In the event of special circumstances, as determined by the Parks and Recreation Director or designee, the time limits for such a determination may be reasonably extended.
D. In order to estimate the necessary level of public services necessary for each special event, the Parks and Recreation Director or designee shall characterize each event as provided in this section. The following categories shall apply to special events:
1. A category one event is generally any special event that is reasonably expected to attract from one hundred (100) to four hundred ninety-nine (499) people.
2. A category two event is generally any special event that is reasonably expected to attract from five hundred (500) to three thousand (3,000) people.
3. A category three event is generally any special event that is reasonably expected to attract more than three thousand (3,000) people.
E. Notwithstanding the general guidelines set forth above, in determining the appropriate category of a proposed event, the Parks and Recreation Director or designee may also take into consideration the nature of the event; the past history of the event; the applicant, the special event sponsors and/or participants; and/or other relevant available information. Based on this analysis, the Parks and Recreation Director or designee may upgrade or downgrade the special event’s characterization or otherwise conditionally approve or deny the special event as is necessary to ensure the health, safety and welfare of the special event’s participants and local residents.
F. If the application is denied the Parks and Recreation Director or designee shall inform the applicant of the grounds for denial in writing and of the right of appeal. If the application is conditionally approved, the Parks and Recreation Director or designee shall inform the applicant of any permit conditions at the time the application is approved, and of the right of appeal from the permit conditions. If the Parks and Recreation Director or designee refuses to consider a late application, the Parks and Recreation Director or designee shall inform the applicant of the reason for the refusal, and of the applicant’s right of appeal.
G. The written determination shall further state that the applicant has the option of appealing the decision directly to the Galt City Council. (Ord. 2005-05, Added, 07/05/2005)
9.38.070 Grounds for denial of application for a permit.
A. The Parks and Recreation Director or designee shall approve an application for a permit unless he/she determines, from a consideration of the application and other pertinent information, that:
1. Information contained in the application, or supplemental information requested from the applicant, is false in any material details;
2. The application is incomplete or the applicant failed to complete the application after having been notified of the additional information or documents required.
3. The applicant undertook a prior special event without a required permit or otherwise in violation of this section;
4. The applicant failed to pay the additional costs of a prior special event charged pursuant to section 9.38.130 C.;
5. Another permit application has been received prior in time, or has already been approved, to hold another event at the time and place requested by the applicant, or so close in time and/or place as to cause undue traffic congestion, or the City of Galt’s police department is unable to meet the needs for police services for both events;
6. The concentration of persons, animals, and vehicles at the site of the event, or the assembly and disbanding areas around the event, will either prevent proper police, fire or emergency medical services to areas contiguous to the event or will exceed the capabilities of the police, fire or emergency medical services needed to adequately protect the participants from the conduct of others;
7. The size of the event will require diversion of so great a number of City of Galt police officers and other public employees to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the City of Galt. Nothing herein authorizes denial of a permit when additional peace officers or approved private security forces to supplement these peace officers or approved private security forces would be available to the City of Galt, if requested by the City of Galt in advance of the event. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event;
8. The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City of Galt streets or a previously granted encroachment permit;
9. The event will occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof;
10. Given the nature of the special event, and/or the past history of the applicant, sponsors and/or participants, the Parks and Recreation Director or designee reasonably determines that the event presents a substantial risk to the health, safety and welfare of the participants and/or local residents that cannot be adequately mitigated using available public resources; or
11. The applicant failed to comply with the California Fire Code and/or the State Fire Marshal requirements during previous special events.
B. When the grounds for denial specified in the above section can be corrected by altering either the staffing for, or the date, time, duration, route, or location of the event, the Parks and Recreation Director or designee shall, instead of denying the application, conditionally approve the application upon the applicant’s written acceptance of conditions for permit issuance. The conditions imposed pursuant to this section shall provide for only such modifications of the applicant’s proposed event as are necessary to achieve compliance with this section. (Ord. 2005-05, Added, 07/05/2005)
9.38.080 Permit conditions.
The Parks and Recreation Director or designee may condition the issuance of a permit by imposing reasonable restrictions on the time, place, and manner of conducting the event as are necessary or appropriate to protect persons and property, and to control traffic, provided that such restrictions shall not unreasonably interfere with the right of free speech. Such conditions may include, but are not limited to, the following:
A. Alteration of the staffing for, or the date, time, route or location of the event;
B. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;
C. Requirements for provision of first aid and sanitary facilities, including the presence of emergency medical services personnel for all category two or three special events;
D. Requirements for use of event monitors and providing notice of permit conditions to event participants;
E. Approval of any proposed private security forces;
F. Restrictions on the number and type of vehicles, animals or structures at the event;
G. Compliance with animal protection ordinances and laws;
H. Requirements for use and provision of garbage containers, cleanup, and restoration of City of Galt property;
I. Restrictions on the time and use of amplified sound;
J. Permit applications for street closure permits may be conditioned on notice and approval by at least fifty percent of the residents on the affected street(s) except parades and must be approved by City Council;
K. Compliance with any relevant ordinance or law, and obtaining any legally required permit or license;
L. Adequate proof of payment of the public service fees pursuant to section 9.38.130; and
M. Adequate proof of compliance with the cleanup requirements set forth in section 9.38.140. (Ord. 2005-05, Added, 07/05/2005)
9.38.090 Appeal procedure-waivers.
A. The applicant may appeal to the city council the denial or conditional approval of a permit, any condition imposed on a permit not required by state or federal law, or a determination that the applicant’s insurance coverage does not comply with the requirements specified in section 9.38.120.
B. The applicant may request a waiver from the city council regarding the amount of fees imposed pursuant to section 9.38.130, cleanup deposits imposed pursuant to section 9.38.140, or the indemnification/bond requirement imposed pursuant to section 9.38.110 if the special event is sponsored by a non-profit organization or co-sponsored by the City of Galt or other public agency, or if the primary purpose of the event is First Amendment expression and the cost of paying the fee, posting a bond, or entering into an indemnification agreement is or may be so financially burdensome that it would constitute an unreasonable burden on the exercise of rights protected by the First Amendment.
C. Appeals and/or requests for waivers shall be conducted pursuant to this Chapter.
D. Notwithstanding this Chapter, all appeals and/or requests for waivers shall be filed with the city clerk no later than five days following the notice of decision by the Parks and Recreation Director or designee.
E. Any hearing before the council shall be held, and final decision rendered, no later than fifteen (15) calendar days following the appeal filing. (Ord. 2005-05, Added, 07/05/2005)
9.38.100 Permit issuance.
A. The Parks and Recreation Director or designee shall issue the permit after the application has been approved, the applicant has agreed in writing to comply with all of the terms and conditions of the permit, and the requirements of this article respecting indemnification, insurance, police, traffic control, fees, and cleanup deposits have been fully satisfied.
B. Notwithstanding subsection A., the Parks and Recreation Director or designee shall not withhold the issuance of a permit if the applicant has requested a waiver from the city council pursuant to section 9.38.090 for a special event in which the primary purpose is First Amendment expression. In such cases, a permit shall be issued that is conditioned on the applicant’s compliance with the city council’s fee determination prior to the event. (Ord. 2005-05, Added, 07/05/2005)
9.38.110 Indemnification agreement.
Prior to the issuance of a permit, the applicant shall execute an agreement to reimburse the City of Galt for all the costs and expenses incurred by the City of Galt as a result of the event, insofar as permitted by law. The Parks and Recreation Director or designee may also require the applicant to post a cash bond in an amount to be determined by the Parks and Recreation Director or designee, sufficient to satisfy this reimbursement obligation. The agreement shall provide that the applicant shall defend, indemnify and hold harmless the City of Galt and its officers and employees from any liability to any persons or property resulting from any damage or injury occurring in connection with the permitted event, insofar as permitted by law. (Ord. 2005-05, Added, 07/05/2005)
9.38.120 Insurance.
A. The permittee of an event must possess or obtain public liability insurance to protect against liability for personal injury and property damage arising from the event. Coverage shall be a comprehensive general liability insurance policy. Minimum limits required:
1. One million dollars for each occurrence combined single limit bodily injury and property damage;
2. If food or nonalcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for products liability in an amount of not less than five hundred thousand dollars; and
3. If alcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than five hundred thousand dollars.
B. Insurance required pursuant to this section shall be maintained for the duration of the event and shall:
1. Name the City of Galt, its officers, employees and agents on the policy or by endorsement as additional insureds;
2. Be a primary policy and not contributory or in excess of any policy of City of Galt; and
3. Declare all deductibles on the policy.
C. All deductibles on the policy shall be approved by the Parks and Recreation Director or designee.
D. The requirement as to types, limits, and the City of Galt’s approval of insurance coverage to be maintained by permittee are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by permittee pursuant to this Chapter.
E. A copy of the policy or a certificate of insurance, together with all necessary endorsements, must be filed with the Parks and Recreation Director no less than ten (10) days before the date of the event, unless the Parks and Recreation Director or designee, for good cause, waives the filing deadline. The permit shall not be issued by the Parks and Recreation Director or designee until after the insurance policy or certificate of insurance, together with all necessary endorsements, have been filed with the City of Galt and approved by the Parks and Recreation Director or designee. (Ord. 2005-05, Added, 07/05/2005)
9.38.130 Public service fees.
A. Upon approval of an application for a permit, the Parks and Recreation Director or designee shall provide the applicant with a statement of the estimated cost of providing police, fire, emergency medical services and other City of Galt employees for public safety at the event. The cost of such services shall be solely borne by the applicant and shall be paid to the City of Galt and any appropriate agency no later than five days before the special event.
B. The public service fees will be established by resolution of the city council for each category two or three special event category as described in section 9.38.060. The amount of such fees shall be based on the City of Galt’s or appropriate agency actual cost of providing the required number of police, fire and/or other City of Galt officials necessary to ensure the safety of both the special event’s participants and the community.
C. If the actual cost of public services for the event is less than the estimated cost pursuant to subsection B., the applicant will promptly be refunded the difference by the City of Galt or appropriate agency. If the actual cost for public services is more than the estimated cost pursuant to subsection (a), the difference shall become due and payable to the City of Galt or appropriate agency upon the permittee’s receipt of a statement of the cost. (Ord. 2005-05, Added, 07/05/2005)
9.38.140 Cleanup deposits for certain special events.
A. The applicant of an event in public facilities or on public property or rights-of-way involving the sale of food or beverages, erection of structures, horses or other large animals shall be required to provide a cleanup deposit prior to the issuance of a permit. As an alternative to such deposit, the applicant may provide a written contract for event cleanup.
B. The cleanup deposit shall be returned after the event if the area used for the event has been cleaned and restored to the same condition as existed prior to the event.
C. If the public facilities, property or rights-of-way used by the participants of the special event have not been fully cleaned or restored, the permittee shall be billed for the actual cost for cleanup and restoration, and the cleanup deposit, or a portion thereof, shall be applied toward payment of the bill. If the permittee disputes the bill, the permittee may appeal to the Parks and Recreation Director or designee within five days after receipt of the bill. Should there be any unexpected balance on deposit after completion of the work, this balance shall be refunded to the permittee/sponsor. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the City of Galt upon the permittee’s receipt of the bill. (Ord. 2005-05, Added, 07/05/2005)
9.38.150 Duties of permittee.
A. Each permittee shall comply with all terms and conditions of the permit.
B. Each permittee shall ensure that the person in charge of any special event shall carry the permit on his/her person or otherwise have the permit immediately available upon demand.
C. Each permittee shall ensure the area used for the permitted event is immediately cleaned and restored to the same condition as existed prior to the event.
D. Each permittee shall comply with all applicable local, state and federal laws, rules and regulations, including, but not limited to, this article, the California Fire Code and all State Fire Marshal requirements. (Ord. 2005-05, Added, 07/05/2005)
9.38.160 Unlawful to sponsor, authorize or participate in event without permit or notice.
It is unlawful for any person to sponsor or conduct a special event requiring a permit under section 9.38.030, unless a permit has been issued for the event. It is unlawful for any person to sponsor, authorize or conduct a special event requiring a category one notice unless such notice is timely provided to the Parks and Recreation Director or designee. It is unlawful for any person to participate in a special event with the knowledge that the sponsor of the event has not been issued the required permit. (Ord. 2005-05, Added, 07/05/2005)
9.38.170 Unlawful to exceed scope of permit.
The permit authorizes the permittee to conduct only the event(s) described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit.
(Ord. 2005-05, Added, 07/05/2005)
9.38.180 Revocation of permit.
A. The Parks and Recreation Director or designee, chief of police or designee, and/or the fire chief or designee may revoke a permit upon a finding that any term, condition, restriction or limitation of such permit has not been complied with, including the timely payment of all required deposits; or if he/she finds that, as a result of changed circumstances, any one or more of the grounds for denial specified in section 9.38.070 are present. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the city council from any such revocation may be taken as specified in section 9.38.090.
B. The Parks and Recreation Director or designee, chief of police or designee, and/or the fire chief or designee may revoke a permit and close a special event prior to the expiration of the permit in the event of the occurrence of a riot, major disorder or serious breach of the peace or a violation of the permit when, in their opinion, it is necessary to prevent injury to persons and/or to property. (Ord. 2005-05, Added, 07/05/2005)
9.38.190 Violation - penalty.
All violations of the provisions of this Chapter are misdemeanors, punishable as set forth in this Chapter. (Ord. 2005-05, Added, 07/05/2005)