Chapter 5.108
SPECIAL EVENTS
Sections:
5.108.020 Special events permit.
5.108.040 Permit and appeal processing.
5.108.050 Street permit application.
5.108.060 Street permit conditions.
5.108.070 Special event permit application.
5.108.080 Special event plan requirements.
5.108.090 Special event conditions.
5.108.100 Inspection of games, rides and food concessions.
5.108.110 Authority for violations.
5.108.120 Investigation of application.
5.108.130 Investigation of applicant.
5.108.140 Insurance, indemnification and bonds.
5.108.150 Business license tax.
Prior legislation: Ord. 724.
5.108.010 Street permit.
All street events, including parades, processions, assemblages and other events, including, but not limited to, marathons, bike-a-thons, triathalons and other such uses of the public streets, highways, thoroughfares, rights-of-way and other public property which are also utilized by motor vehicles, constitute traffic hazards and a threat to the public safety and are prohibited unless a properly issued street permit has first been obtained. [Ord. 959 § I, 1993. Code 1987 § 5.73.010].
5.108.020 Special events permit.
All special events occurring on property within the City, other than that property specified in LEMC 5.108.060, shall be prohibited unless a properly issued special events permit has been obtained. As hereinafter mentioned in this chapter, “special events” means any assembly, congregation, attraction, display, entertainment, demonstration, carnival, bazaar, circus, rodeo, or other traveling show, fair, festival, food fair, cook-off, dance, concert or performance, or any other planned occurrence that may attract a large number of people or which may otherwise become a hazard to the public peace, health, safety or general welfare. [Ord. 959 § I, 1993. Code 1987 § 5.73.020].
5.108.030 Fees.
The City Council, by resolution, shall establish a schedule of fees related to the processing of any permit application and costs of special services required by the street event or special event. Said fees shall approximate the actual cost of providing the service. [Ord. 959 § I, 1993. Code 1987 § 5.73.025].
5.108.040 Permit and appeal processing.
All applications for street or special events permits must be on file with the City 60 days before the scheduled event unless a waiver is granted by the City Council. Notwithstanding the foregoing, the City Manager may waive the time limits contained herein for noncommercial activity involving freedom of speech, whenever necessary to protect First Amendment rights. In such case, the only criteria applied shall be the physical ability of staff to process the application. The City Manager shall either approve or deny the application within 30 days of the date the completed application is filed. The applicant shall thereafter have five days to file an appeal with the City Council in the event of denial. All appeals shall be in writing and list all grounds upon which the appeal is based. Any member of the City Council may also appeal any decision of the City Manager. The City Council may, by resolution, set appropriate fees for the filing of applications or appeals. [Ord. 959 § I, 1993. Code 1987 § 5.73.030].
5.108.050 Street permit application.
All applications for a street permit shall be on a form provided by the City and shall provide the information necessary for staff to make their recommendations to the City Manager. Said form shall provide for at least the following information:
A. The applicant’s identity and the identity of a responsible natural person that will serve as the City’s primary interface for communications. If the application is made by a partnership, the names and addresses of the partners shall appear. Where the applicant is a corporation, the application shall be signed by the president and secretary of such corporation and shall contain the addresses of such corporate officers, and a certified copy of the articles of incorporation shall be submitted with the application. The name, date of birth, driver’s license number, resident and mailing address of the responsible natural person shall be included. When the applicant intends to utilize a professional event-organizer, the City Manager shall have the discretion to require all or some of the information required by this section for either or both;
B. The route of the event shall be provided on a diagram and shall show the starting point and terminus;
C. A clear and legible traffic management plan must be provided showing all road closures, detours, barricading and control devices, and the effective time. It must conform to all City, State and Federal standards and be approved by the City Traffic Engineer;
D. Staging and parking areas shall be identified;
E. A description of the type of event will be provided;
F. The expected number of participants, assistants, workers and spectators will be provided;
G. All security procedures shall be identified. The level and type of security and personnel shall be at the sole discretion of the Chief of Police (Sheriff’s Captain); however, the content or message of constitutionally protected noncommercial speech or potential public reaction thereto may not be considered in determining the cost of police services to be charged to the applicant, if any;
H. Water and sanitation facilities to be provided shall be identified. [Ord. 959 § I, 1993. Code 1987 § 5.73.040].
5.108.060 Street permit conditions.
Street permits will be issued conditionally whenever the public health and safety so require. Conditions that may be imposed in such permit include, but are not limited to, the following:
A. That the event only proceed along a designated route and only within certain designated parameters;
B. That the permittee provide certain security or traffic directional measures for the event;
C. That the permittee provide for the placement, maintenance and removal of all barricades and other control devices required by the approved traffic control plan in a timely manner, or as required by law;
D. That the permittee provide for the sanitation, trash disposal and/or water needs of all participants, assistants, workers and spectators;
E. That an appropriate cash deposit or bonds be posted with the City to compensate it for any special services that may be required, including but not limited to police (based upon the size and route of the event, but excluding any consideration of additional security as a consequence of the content or message or public reaction thereto), fire, traffic control and cleanup; provided, that with respect to constitutionally protected noncommercial parades and demonstrations, no police fees shall be charged other than for traffic control. All charges shall be based on the hourly rate of all employees expected to be required to perform services during the event and shall contain an administration charge to cover the support services incurred as a result of the event. The permittee shall post said deposit or bond at least 14 days before the event. The permittee shall be given an accounting of all charges within a reasonable time after the event, and a refund if due;
F. The event applicant must be a public nonprofit organization. A street permit shall not be issued for any full profit enterprise. [Ord. 959 § I, 1993. Code 1987 § 5.73.050].
5.108.070 Special event permit application.
All applications for a special event permit shall be on a form provided by the City, and shall provide the information necessary for staff to make their recommendations to the City Manager. Said form shall provide at least the following information:
A. The applicant’s identity, and the identity of a responsible natural person that will serve as the City’s primary interface for communications. If the application is made by a partnership, the names and addresses of the partners shall appear. Where the applicant is a corporation, the application shall be signed by the president and secretary of such corporation and shall contain the addresses of such corporate officers, and a certified copy of the articles of incorporation shall be submitted with the application. The name, date of birth, driver’s license number, residence and mailing address of the responsible natural person shall also be included. When the applicant intends to utilize a professional event-organizer, the City Manager shall have the discretion to require all or some of the information required by this section for either or both;
B. The address or legal description of the place where the proposed special event is to be conducted, operated or carried on. Additionally, the applicant shall subject proof of ownership of the place where the special event is to be conducted or a written statement of the owner of the premises indicating his consent that the site be used for the proposed special event;
C. The date or dates and the hours during which the special event is to be conducted;
D. A list of all employees of the applicant that will be working within the City limits prior to and during the event. The list shall include a current residence address, date of birth, and driver’s license number;
E. A statement as to whether or not the applicant has been convicted of any felony, misdemeanor, municipal ordinance or other crime, the nature of the offense, and the penalty or punishment assessed therefor;
F. If the special event will involve rides or other concessions that are operated by independent contractors, the information required by this section will be required for each independent contractor/concessionaire;
G. A detailed written explanation of the applicant’s plan to provide security, fire protection, water supplies and facilities, food supplies and facilities, sanitation facilities, vehicle access, parking spaces and on-site traffic control, and provisions for cleanup of the premises. A dimension site plan shall be submitted setting forth the location of the above items and the details of LEMC 5.108.080. The level and type of security and personnel shall be at the sole discretion of the Chief of Police (Sheriff’s Captain); however, the content or message of constitutionally protected, noncommercial speech, or the potential public reaction thereto may not be considered in determining the cost of police services to be charged the applicant, if any. [Ord. 959 § I, 1993. Code 1987 § 5.73.060].
5.108.080 Special event plan requirements.
The dimensioned plan shall be in compliance with, and set forth the details of, the following:
A. Location of rides and their type, games, concessions, fire extinguishers, waste disposal and sanitation facilities, tents and awnings, generators and fuel storage, food service booths and methods of cooking, and fire vehicle access ways;
B. A minimum of one eight-foot aisleway shall be provided between rides, games, concessions, waste and sanitation facilities;
C. One 24-foot fire lane shall be provided within 150 feet of the most remote event. [Ord. 959 § I, 1993. Code 1987 § 5.73.070].
5.108.090 Special event conditions.
All special events shall be conducted in accordance with the following conditions:
A. Exits, aisles, ramps, corridors and passageways shall not be blocked nor have their required width obstructed in any manner by ticket offices, turnstiles, concessions, chairs, equipment or persons.
B. All combustible waste material and rubbish shall be stored in approved containers.
C. Each ride, game and concession shall provide a minimum of two 30-gallon metal trash containers, and one special dumpster shall be located on site.
D. The applicant shall clear the carnival area and adjacent streets of trash and debris each evening after closing of the activity.
E. All trash, debris, garbage and special dumpsters shall be removed within 24 hours of closing of the event.
F. One 2A-10BC fire extinguisher shall be provided at every ride and every food service booth where cooking is conducted. Travel distance shall not exceed 75 feet to any extinguisher located within the special event.
G. All cooking shall be by means of natural gas, liquid petroleum gas, or electricity. No liquid fuel will be permitted. Changeover of fuel cylinders is not permitted when any open device is still operating within 20 feet of refueling area. Additional fuel cylinders shall be stored in an area designated by the Fire Department.
H. Copies of State Fire Marshal approved certificates of flame retardance shall be provided for all tents, awnings, hangings and covers with overhangs.
I. Copies of the annual State certification verifying that each ride meets all requirements of the State Industrial Safety Division shall be provided. All rides shall be marked with the current CAL-OSHA color-coded seal. All rides shall be assembled and stabilized in a manner approved by CAL-OSHA.
J. An electrical permit shall be secured for any temporary electrical usage at the site. All electrical usage shall comply with the provisions of the National Electrical Code. Fuel storage for generators shall be located a minimum of 75 feet from the public area. Generator fuel shall be stored in approved safety cans; maximum capacity five gallons.
K. That an appropriate cash deposit or bonds be posted with the City to compensate it for any special services that may be required, including but not limited to police, fire, traffic control and cleanup; provided, that with respect to constitutionally protected noncommercial parades and demonstrations, no police fees shall be charged other than for traffic control. All charges shall be based on the hourly rate of all employees expected to be required to perform services during the event and shall contain an administration charge to cover the support services incurred as a result of the event. The permittee shall post said deposit or bond at least 14 days before the event. The permittee shall be given an accounting of all charges within a reasonable time after the event, and a refund if due. [Ord. 1019, 1996; Ord. 959 § I, 1993. Code 1987 § 5.73.080].
5.108.100 Inspection of games, rides and food concessions.
At least one day prior to the opening of the special events, representatives of the City shall inspect the games, rides and concessions, and said inspections may be made at any time thereafter. It shall be the applicant’s responsibility to coordinate inspections with all appropriate departments so that timely inspections are performed.
A. Inspection of rides and installations regulated by the National Electrical Code shall be the responsibility of the Building Department.
B. Inspection of fire-protection devices, public assembly areas, emergency vehicular access, cooking and heating devices, flame retardancy and fuel storage shall be the responsibility of the Fire Department.
C. Inspection of the games shall be the responsibility of the Police Department.
D. Food services and sanitary facilities shall be the responsibility of the County Health Department. The applicant shall secure appropriate permits from the County therefor with the approval clearly displayed. [Ord. 959 § I, 1993. Code 1987 § 5.73.090].
5.108.110 Authority for violations.
Notwithstanding any approval given pursuant to this chapter, any City police officer, fire official or building official is hereby granted the authority to stop or prevent any immediate threat to the public health or safety, including the right to issue a cease and desist order for all or any part of the special event or any special event. [Ord. 959 § I, 1993. Code 1987 § 5.73.100].
5.108.120 Investigation of application.
Upon receipt of a complete application and the application fee, the Community Services Department shall refer same to concerned departments of the City, including, but not limited to, the City Attorney, Police Chief, Fire Chief, Planning Department, Building and Safety Department, Public Services Department and the County Health Officer, who shall investigate the application and report in writing to the City Manager within 15 days, with appropriate recommendations relating to their official functions as to the granting of a permit and the establishment of special conditions thereof. [Ord. 959 § I, 1993. Code 1987 § 5.73.110].
5.108.130 Investigation of applicant.
An applicant shall be prima facie disqualified for a permit under this chapter if he has been convicted of a felony. The applicant may also be prima facie disqualified if a professional event-organizer or any proposed employee has been convicted of a felony. As used in this chapter, the term “conviction” includes a plea of guilty. The Chief of Police (Sheriff’s Captain) is specifically authorized to obtain State summary criminal history record information as provided for in Section 11105 of the Penal Code of the State. The Chief of Police (Sheriff’s Captain) shall disqualify the applicant, without a hearing by the City Manager and without further proceedings, if it is determined that the applicant has been convicted or had entered a plea of guilty to a felony. An applicant who is thus prima facie disqualified for a permit may make an appeal in writing to the City Manager. The City Manager shall consider any mitigating factors such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of the conviction, contributing social or environmental conditions surrounding the conduct, and whether the conviction is unrelated to the permit or license. [Ord. 959 § I, 1993. Code 1987 § 5.73.120].
5.108.140 Insurance, indemnification and bonds.
For all street or special events involving 25 or more persons:
A. The applicant shall submit proof of personal injury and property damages insurance of the combined limits of $1,000,000. Such insurance shall provide coverage and be placed with a company with a rating approved by the City Attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their workers’ compensation certificates for all employees.
B. The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. [Ord. 959 § I, 1993. Code 1987 § 5.73.130].
5.108.150 Business license tax.
All applicants and others required to pay a business tax for the privilege of engaging in business within this City shall also pay said tax in addition to any fees provided for herein. [Ord. 959 § I, 1993. Code 1987 § 5.73.140].
5.108.160 Waivers.
Notwithstanding any provisions of this chapter that may conflict with overriding noncommercial First Amendment protected activity shall be waived, when legally required. [Ord. 959 § I, 1993. Code 1987 § 5.73.150].
5.108.170 Approval or denial.
A. The City Manager, after consulting with the Chief of Police (Sheriff’s Captain), Fire Chief, Community Services Director, Planning Director, Risk Manager, Public Services Director, City Attorney and any other staff person deemed appropriate, shall deny the application if the City Manager finds:
1. That the application is incomplete;
2. That the applicant has made a false, fraudulent or misleading statement of a material fact in the application;
3. That the applicant has been convicted of a felony;
4. That the applicant has failed to meet with conditions imposed by this chapter;
5. That the safety, health or public welfare of the citizens would be endangered by the granting of the permit.
B. Additionally, the permit may be denied, or the proposed employee disqualified from working at the special event, if the applicant, professional event-organizer, or proposed employee has been convicted of any crime involving moral turpitude, substance/drug abuse, sexual conduct, or physical assault. In all other instances, the permit shall be granted subject to such related conditions as may be imposed to further the purpose of this chapter. [Ord. 959 § I, 1993. Code 1987 § 5.73.160].
5.108.180 Penalty.
Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. [Ord. 959 § I, 1993. Code 1987 § 5.73.170].