Chapter 12.45
USE OF PUBLIC PROPERTY
AND PUBLIC RIGHT-OF-WAY
Sections:
Article I. (Reserved)
Article II. Use of Public Property and Public
Right-of-Way for Parades and Special Events
12.45.100 Purposes.
12.45.110 Definitions.
12.45.120 Permit required.
12.45.130 Application form and contents.
12.45.140 Permit procedure.
12.45.150 Determination – Grounds for approval or denial.
12.45.160 General permit conditions.
12.45.170 Special permit conditions.
12.45.180 Subsequent conditions.
12.45.190 Permit revocation.
12.45.200 Emergency suspension.
12.45.210 Notice to adjoining property owners.
12.45.220 Cordoning off the route or site.
12.45.230 Amplified sound.
12.45.240 Appeal procedure.
12.45.250 Duties of permittee.
12.45.260 Public conduct during event.
12.45.270 Violations.
Article I. (Reserved)
Article II. Use of Public Property and Public Right-of-Way for Parades and Special Events
12.45.100 Purposes.
The purpose of this article is to regulate special events occurring on public property, or on or within the public right-of-way, including parades, concerts, athletic events, public assemblies, and other special events. Special events can provide cultural enrichment, promote economic vitality and enhance community identity, while also providing funding opportunities for service organizations. The purpose of this chapter is to ensure the health and safety of event patrons, residents, workers and visitors, to prohibit unsafe or illegal activities from occurring at the special events and to protect the rights of the special event permit holders. It is also the intent of the Council to protect the rights of individuals to engage in expressive activities in public places and to establish the least restrictive and reasonable time, manner and place regulation of these activities. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.110 Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Amplified sound” means music or speech projected or transmitted by electronic equipment, including but not limited to amplifier, loudspeakers or a similar device.
B. “Appeal body” means the City Manager or his or her designee.
C. “Carnegie Park” means the city-owned parcel bounded by Third Street to the north, J Street to the east, K Street to the west and Fourth Street to the south.
D. “City engineer” means the city engineer or his or her authorized representative.
E. “Department” means the community development department.
F. “Director” means the Community Development Director, or his or her designee.
G. “Flagpole Plaza” means that area at the intersection of First Street and South Livermore on which the flagpole sits.
H. “Free speech event” means an event at which the expression of free speech rights is the principal purpose of the event.
I. “Free speech rights” means expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
J. “Bankhead Theater Shea Homes Plaza” means the agency-owned plaza area located at 2450 First Street.
K. “Livermorium Plaza at Mills Square Park” means the agency-owned parcel located at the southeast corner of the intersection of Livermore Avenue and First Street.
L. “Notify in writing” means sending written notification by first class mail, personal delivery, telegram, facsimile or email.
M. “Parade” means an organized march, procession, pageant, review, ceremony or exhibition of animals, vehicles or persons on or within the public right-of-way. It does not include a funeral procession.
N. “Permittee” means any person or organization that has been issued a permit.
O. “Public assembly” means an organized activity on or within the public right-of-way or on public property that is calculated to be attended at any one time, or is reasonably expected to be attended at any one time, by 25 or more people. It does not include a group of people participating in a parade. The term “public assembly” includes, but is not limited to, a downtown event, sidewalk sale, or the blocking of a street or cul-de-sac for a gathering. The term also includes an athletic event in which a group of persons collectively engages in a sport or form of physical exercise on public property. The term includes, but is not limited to, jogging, running, racing, bicycling, rollerblading and roller skating. “Public assembly” also means a group of 25 or more people participating in an organized activity on private property and which is governed by Chapter 9.09 LDC, Temporary Use Permits.
P. “Public property” means any city-owned or Livermore successor agency-owned property.
Q. “Public right-of-way” means a city street, sidewalk, parking facility, or other public right-of-way, other than a park or recreation facility.
R. “Publicize” means to inform the public of a planned activity by means of newspaper articles, notices, radio or television notices, announcements at public places, leafleting, mailing, electronic mail, posting signs or written notices in places used by the public, or by any other means calculated to notify the public of an activity.
S. “Seasonal display” means a decoration or display, either secular or nonsecular, sponsored by a private individual, group, nonprofit organization, private corporation, limited liability company, or other entity and for which a special event permit or encroachment permit is issued.
T. “Special event” includes a parade, free speech event or public assembly.
U. “Street” includes all streets, avenues, lanes, alleys, courts, paths or other public ways in the City which have been or may hereafter be designated and open to public use. (Ord. 2130 §§ 1(C) – (1)(E), 2021; Ord. 2065 § 1(A), 2018; Ord. 2045 §§ 1(A), 1(B), 2016; Ord. 2016 §§ 1(A), 1(B), 2015; Ord. 1971 § 1(E), 2012; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1901 § 3 (Exh. A § 23), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.120 Permit required.
It is unlawful for a person to conduct, sponsor, publicize or knowingly participate in a special event on or within the public right-of-way or on public property without first obtaining a special event permit from the Director. Seasonal displays shall be regulated pursuant to a seasonal display policy promulgated by the City Manager’s office and may require a special event permit and an encroachment permit pursuant to Chapter 12.08 LMC, at the discretion of the Director. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.130 Application form and contents.
An application for a special event permit shall be in a form prescribed by the Director, filled out completely, and signed by the event sponsor or his or her designee. The event sponsor or his or her designee of a special event involving alcohol must be at least 21 years of age. The event sponsor or his or her designee of a special event not involving alcohol must be at least 18 years of age. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.140 Permit procedure.
A. Special Event (Non-Free Speech Event). The following procedures apply to an event which is not a free speech event:
1. Filing. If an applicant requests the temporary closure of streets or public property, the applicant shall file the application with the Director at least 60 days and not more than 365 days before the proposed special event.
2. Authorized List. A list of authorized not-for-profit organizations shall be approved by the Director that may include the date and location of special events typically held by the organization, and which may be updated from time to time. Authorized not-for-profit organizations are characterized as those organizations which have historically sponsored events and activities intended to benefit the general public and the Livermore community on an ongoing or annual basis. This designation does not exempt the organizations from otherwise adhering to the provisions of this chapter.
3. Bankhead Theater Shea Homes Plaza, Carnegie Park and Flagpole Plaza Usage. The Bankhead Theater Shea Homes Plaza, Carnegie Park and Flagpole Plaza shall be available for special events sponsored by not-for-profit organizations. The Bankhead Theater Shea Homes Plaza, Carnegie Park or Flagpole Plaza shall also be available to for-profit organizations or individuals, provided product display or sales are not permitted. In the event a not-for-profit organization and a for-profit organization apply to use these areas at the same time, the not-for-profit organization shall have priority in scheduling, provided its application for a special event permit is received by the Director at least 60 days in advance of the event.
4. Application Review. Depending upon the type of event planned, the Director shall circulate the application and receive comments from other affected city departments, which may include the police, fire, public services, community development or City Manager’s department, the City Attorney’s office, or any other affected department.
5. Director’s Decision. The Director shall approve the permit application, subject to conditions, or shall deny the permit for any of the grounds set forth in LMC 12.45.150. The Director shall take action to approve or deny within 45 working days after receipt of a completed application. The Director shall notify the applicant in writing of the decision, including a statement of the reasons for any conditions or the grounds for a denial. If a change in the time or location of the proposed event would allow approval of the application, the Director shall propose an alternative to the applicant.
6. Applicant’s Proof of Requirements. The applicant shall accept the permit conditions by providing the Director with written proof of requirements at least 15 working days before the special event. The failure to submit timely proof of requirements is deemed an automatic withdrawal of the application. If the applicant files proof of requirements with the Director and complies with the general permit conditions (set forth in LMC 12.45.160), the permit issues upon the Director’s receipt of the proof of requirements. The Director shall notify the applicant, the City Manager, and any affected department head that the permit has been issued.
7. Applicant’s Appeal. The applicant may appeal the Director’s decision, including a denial, a condition of approval, a refusal to waive a filing deadline, or a decision regarding fees or insurance, by filing a written appeal with the city clerk on a form prescribed by the Director. The appeal shall be filed within 10 working days of the notification of the Director’s decision. The appeal procedures are set forth in LMC 12.45.240.
B. Free Speech Event. The following procedures apply to a free speech event involving a public assembly:
1. Filing Requirements.
a. Planned Free Speech Events. The applicant shall file the application with the Director as soon as possible, but no later than five working days before a planned free speech event involving a public assembly. An application may be filed up to three working days before the event, but an applicant filing fewer than five working days before the event waives the right to appeal a decision.
b. Contemporaneous Free Speech Events. An event involving a public assembly that is planned in response to a contemporaneous public occurrence or decision which occurred less than 72 hours prior to such event and could not have been known in advance (for example, one which is occasioned by news or current affairs coming into the public’s awareness within the past 72 hours). Such events may be conducted on the lawn of the Civic Center without the organizers first having to obtain a special events permit. If practicable, the organizers must give notice to the City Manager or his or her designee at least four hours prior to the event informing the City of the date and time of the event and providing an estimate of the approximate number of persons who will be participating. In the event a contemporaneous free speech event is planned as a march, such event may occur at locations other than the lawn of the Civic Center provided the attendees do not block vehicular or pedestrian traffic by marching in groups of less than 50 with no more than two persons abreast and such event is limited to 200 attendees.
c. Other Free Speech. The exercise of all other forms of free speech may be conducted on the lawn of the Civic Center or in the designated location of Livermorium Plaza at Mills Square Park without having to secure a special events permit between the hours of 10:00 a.m. and 12:00 p.m. and between the hours of 5:00 p.m. and 9:00 p.m. each day of the week.
2. Application Review. Depending upon the type of event planned, the Director shall circulate the application and receive comments from other affected city departments, including police, fire, public services, community development, the City Manager’s office, or the City Attorney’s office.
3. Director’s Decision. The Director shall approve the permit application, subject to conditions, or shall deny the permit for any of the grounds set forth in LMC 12.45.150. The Director shall take action to approve or deny within 48 hours (not including days the city offices are closed) after receipt of a completed application. The Director shall notify the applicant in writing (and orally, if possible) of the decision, including a statement of the reasons for any conditions or the grounds for a denial. If a change in the time or location of the proposed event would allow approval of the application, the Director shall propose an alternative to the applicant.
4. Applicant’s Proof of Requirements. The applicant shall accept the permit conditions by providing the Director with written proof of requirements within 24 hours (not including days the city offices are closed) after receipt of written notice of the decision. The failure to submit timely proof of requirements is deemed an automatic withdrawal of the application. If the applicant files valid proof of requirements and complies with the general permit conditions (set forth in LMC 12.45.160), the Director shall issue the permit. The Director shall notify the applicant, the City Manager, and any affected department head that the permit has been issued.
5. Applicant’s Appeal. An applicant who has filed the initial application at least five working days before the event may appeal the Director’s decision, including a denial, a condition of approval, a refusal to waive a filing deadline, or a decision regarding fees or insurance, by filing a written appeal with the city clerk on a form prescribed by the Director. The appeal shall be filed within 48 hours after the earliest date the applicant received notice of the decision. The appeal procedures are set forth in LMC 12.45.240.
6. Judicial Review. If the City denies a free speech event permit, the City shall within two working days file an action in the superior court for a determination on the validity of the denial. At the time of filing, the City shall request that the court hear the matter as soon as possible. (Ord. 2130 §§ 1(D), 1(E), 2021; Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(A), 2016; Ord. 2016 § 1(A), 2015; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.150 Determination – Grounds for approval or denial.
A. Approval and Issuance. The Director shall approve the application if it is complete and there are no grounds for denial under subsection B of this section. Such an application is approved subject to the general conditions set forth in LMC 12.45.160 and to the applicable special conditions which the Director determines to be necessary to protect the safety of persons and property, and to control pedestrian and vehicular traffic in and around the site of the event.
B. Grounds for Denial. The Director shall deny an application if any one of the following factors is not adequately addressed and reasonable conditions cannot satisfy the public health, safety or welfare concerns:
1. The applicant has failed to complete the application or to provide supplemental application information requested by the Director.
2. The information contained in the application (including supplemental application information) is found to be false in any material respect.
3. An application for another event to be held on the same date as that requested has been previously filed or approved, and the other event is so close in time and location to the event proposed as to cause undue traffic congestion or to place the City in a position of being unable to meet the needs for police, fire emergency response, or other public services for both events.
4. The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the site or route of the event.
5. The concentration of persons or vehicles at the site of the event, or at the site of an assembly or disbanding area around the event, will prevent police, fire or ambulance services from reaching areas contiguous to the event.
6. The size of the event will require the diversion of so many city public service officers that police or fire protection to the rest of the City will be seriously jeopardized. However, the permit may not be denied because of the need to protect participants in a free speech event from the conduct of others if reasonable permit conditions can be imposed.
7. Given the size and nature of the event, the reasonably available number of city police officers, fire emergency response personnel, and other personnel is not sufficient to ensure the safety of participants or the attending public.
8. The event consists of a parade that will not move from its point of origin to its point of termination in two hours or less.
9. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the public right-of-way to be occupied by the event.
10. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of the school or class.
11. The event will pose a fire hazard per municipal code and California Fire Code requirements.
12. The application is not timely submitted and there is insufficient time to investigate and process the application.
13. The applicant refuses to indicate in writing that he or she will comply with all terms and conditions of the permit.
14. The proposed activity is prohibited by law. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1728 § 6, 2004; Ord. 1555 § 1, 1999)
12.45.160 General permit conditions.
The following general permit conditions apply to each special event permit unless a specific waiver is authorized under this section:
A. Fees and Deposits. Before a permit is issued, the applicant shall pay to the City a fee of $250.00 as a deposit, which amount shall be refunded to the applicant in the event the property is returned to the City in the same condition it was provided to the applicant. In the event the City incurs personnel and materials costs to clean or maintain the property following the event, the deposit shall be forfeited by the applicant. The permit fee is payable before issuance of the permit. The fee shall not include any amount necessary to monitor or control bystanders, onlookers or opponents of a free speech event.
B. Indemnification. Before a permit is issued, the applicant shall sign a statement, in a form approved by the City’s risk manager, (1) to reimburse the City for all costs incurred by it in repairing damage occurring in connection with the permitted event; and (2) indemnifying and holding harmless the City from any liability, damage or loss occurring during the course of the event authorized by the permit where the liability, damage or loss is proximately caused by the negligent or intentional act or omission of the permittee, any officer, employee or agent of the permittee, or any person who is under the permittee’s direction or control. The burden of proof shall be on the permittee to show that the permittee did not cause the damage. In addition, the statement shall provide that if a claim is made against the City by suit or otherwise, arising out of the permittee’s negligent or intentional act or omission, the permittee shall defend the City and shall indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. The statement shall be filed with the risk manager before the issuance of the permit.
C. Insurance. Before a permit is issued, the applicant shall obtain insurance in a form and amount acceptable to the City’s risk manager. The risk manager shall waive the liability insurance for a permit authorizing a free speech event. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.170 Special permit conditions.
The Director may impose reasonable conditions on approval of a special event permit concerning the time, place and manner of conducting the event, as necessary to ensure the safety of persons, public and private property, the control of noise, and to ensure that other activities in the public right-of-way will not be unduly disturbed by the proposed event. For special events held on the Bankhead Theater Shea Homes Plaza, no special event shall be permitted to extend beyond 11:00 p.m. on weekday evenings or beyond 12:00 a.m. on weekend evenings (including a Sunday evening of a three-day weekend). For special events held on the Bankhead Theater Shea Homes Plaza, no special event shall be permitted to use amplified sound before 5:00 p.m. on weekdays. The conditions may not be imposed in a manner that will unreasonably restrict the exercise of free speech rights. Permit conditions may include, but are not limited to, the following:
A. Alternate sites, times, dates or modes of the exercise of free speech rights.
B. Requirements for the use of private security personnel, event staff, or monitors.
C. Requirement that the applicant obtain any legally required permit or license.
D. Requirements for notifying participants of the terms and conditions of the permit.
E. Inspection and approval by city personnel or their designees of stages, booths or other structures erected or placed in the public right-of-way in connection with the event.
F. Restrictions on the use of food, beverages or alcoholic beverages, including but not limited to a total prohibition, or prohibiting glass beverage containers.
G. The assembly or disbanding area for a parade.
H. The accommodation of pedestrian and vehicular traffic in and around the site of an event, including restricting the location of an event and the provision and use of traffic cones and barricades.
I. The number and type of, or prohibition of, vehicles or structures.
J. The provision and use of garbage and recycling containers, and the cleanup and restoration of the site of the event.
K. A deposit for cleanup.
L. The provision and operation of first aid stations and sanitary facilities, including handicap-accessible sanitary facilities.
M. Restrictions on the amount of noise generated by sound amplification equipment, motors and other equipment.
N. Prohibiting large items from the event area which might interfere with traffic or pedestrian circulation (chairs, tables, large coolers above a certain size, etc.).
O. Prohibiting participation in the event without payment, if payment is required.
P. Prohibiting outdoor tables or booths (including portable vending stations) within the event area, unless the operator has first obtained a permit from the event sponsor.
Q. Requiring that the permittee obtain a food permit from the Alameda County health department for the sale of food out of doors.
R. The requirement for an on-site contact person, with phone number.
S. The requirement that no hand-carried signs be allowed to have a wood backing or a handle larger than two inches by one inch.
T. Requirement that applicant notify the public of the event.
U. Requirement that applicant pay its share toward the cleaning of city sidewalks, in an amount to be established by City Council resolution.
V. Restrictions or prohibitions of non-service animals. (Ord. 2130 §§ 1(D), 1(F), 2021; Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1627 § 1, 2001; Ord. 1555 § 1, 1999)
12.45.180 Subsequent conditions.
The Director may amend or add to the conditions of a previously issued permit when the Director determines it necessary to protect the safety of persons or property, or to control vehicular or pedestrian traffic, if the material facts necessitating the conditions were first made known to the Director after issuance of the permit. If the Director imposes subsequent conditions, the Director shall promptly notify in writing the permittee, the City Attorney and all other city departments affected by the change, stating the reasons for it. If necessary, the Director shall also notify all parties and the event participants orally.
If the permit involves a free speech event and time permits, the permittee may request a hearing on the subsequent conditions. The permittee shall make the request to the Director within 24 hours of receiving the subsequent conditions and must request a hearing at least 48 hours before the event. The matter shall be heard by the City Manager at the city offices at 4:00 p.m. on the day before the event unless otherwise agreed. The appeal body shall render a decision orally at the conclusion of the hearing. The City Manager shall also notify in writing the permittee, the City Attorney, and affected city departments affected by the decision and the reasons for it. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.190 Permit revocation.
A. Mandatory Revocation. The Director shall revoke an event permit if the Director determines that there were grounds for denying the permit (under LMC 12.45.150(B)) which were not made known to the Director until after issuance of the permit.
B. Discretionary Revocation. The Director may revoke a special event permit if the Director determines that the event is being conducted in violation of the permit conditions or other applicable law or regulation. A permit may not be revoked because of the need to protect participants from the conduct of others unless there are insufficient resources to provide necessary police protection. The Director may not revoke a permit until the Director advises the permittee of the violation and provides a reasonable opportunity to correct it.
C. Notice. If the Director decides to revoke a permit before the date of the event, the Director shall promptly notify in writing the permittee, the City Attorney and all other city departments charged with carrying out responsibilities under this chapter. If the Director has learned of the facts justifying revocation within 24 hours of the event and decides to revoke the permit, the Director shall announce that decision to the permittee, to those city departments and employees monitoring or controlling traffic during the event, and to the person in charge at the event, if that person can be located. Thereafter, the Director shall notify in writing the permittee, the City Manager, the City Attorney, and any other affected departments. Each written or oral notice shall describe with particularity the reasons for the decision.
D. Hearing. When the Director is able to and does revoke a permit at least 48 hours before the event, the permittee may request a hearing. The hearing shall be held before the appeal body within 24 hours of the permittee’s request. The hearing shall be at the city offices at 4:00 p.m. unless otherwise agreed. The appeal body shall issue its decision orally at the conclusion of the hearing and shall notify in writing the permittee, the City Attorney, and any other affected departments. The notification, whether oral or written, shall describe with particularity the reasons for the decision.
E. Judicial Review. If the City revokes a free speech event permit, the City shall within two working days file an action in Alameda County superior court for a determination on the validity of the revocation. At the time of filing, the City shall request that the court hear the matter as soon as possible. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.200 Emergency suspension.
The Director, the police watch commander assigned to the event, or the fire marshal may temporarily suspend an event whenever required to protect public safety because of a fire or other emergency. When an event is temporarily suspended, the permittee and event participants shall immediately comply with the suspending official’s instructions. The Director shall immediately attempt to notify the permittee orally and shall notify in writing the permittee and the City Attorney. The written notice shall be delivered within 24 hours after the suspension, and shall describe with particularity the reasons for the suspension. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.210 Notice to adjoining property owners.
The Director shall prepare written notice of the nature, date and time of an authorized event. As soon as possible before the date of the event, the Director shall give notice, or shall direct the permittee to give notice, to all property owners adjoining the public right-of-way where the event is to occur. The notice may be by mailing, publishing or posting along the route or at the site of the event. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.220 Cordoning off the route or site.
The Director is authorized and directed to place barricades on or within the public rights-of-way, and to undertake such other actions as may be necessary to cordon off the route or site of an authorized event. When appropriate, the Director shall post the route or site as a no-parking zone in advance and for the duration of the event. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.230 Amplified sound.
The use of amplified sound at a special event is prohibited unless it has been specifically approved as part of a special event permit. The Director, upon authorizing amplified sound as part of a special event permit, may impose reasonable conditions concerning the location of the sound system and the maximum decibel level for the sound system to ensure compliance with Chapter 9.36 LMC, Noise. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.240 Appeal procedure.
An applicant or permittee has the right to appeal any decision of the Director by filing a form prescribed by the department with the Director, and stating the grounds for the appeal. If there is sufficient time before the event for the City Manager to hear the appeal, the City Manager shall hear the appeal.
The City Manager shall attempt to hold a hearing no later than three working days after the filing of the appeal, and shall render the decision no later than two working days after the appeal hearing. The City Manager’s decision will be final. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.250 Duties of permittee.
Each permittee or sponsor of an authorized special event shall:
A. Comply with all terms and conditions of the permit; and
B. Ensure that the person in charge of the event carry the permit issued on his or her person during the duration of the event; and
C. Ensure that the public right-of-way and surrounding area used for the event are cleaned and restored to the same condition as or better than before the event. (Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.260 Public conduct during event.
A. Interference with Event. No person shall physically obstruct, impede, hamper or otherwise interfere with an authorized event or with any person, animal, or vehicle participating or used in the event.
B. Driving through Site of Parade or Athletic Event. No person shall drive a vehicle between vehicles or persons traversing the route of an authorized parade or athletic event when the vehicles or persons are in motion.
C. Prohibited Parking. No person shall park along or within any portion of the route or site of an authorized event when the route or site has been officially posted as a no-parking zone.
D. Motorized Bicycles, Skates, and Skateboards Prohibited. Motorized bicycles, skates, and skateboards are prohibited at special events. (Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)
12.45.270 Violations.
A violation of this chapter, including a violation of permit conditions, is unlawful and punishable pursuant to LMC 1.16.010. If there is a violation, the City may also take any other action permitted by law. (Ord. 2065 § 1(A), 2018; Ord. 1969 § 2 (Exh. A), 2012; Ord. 1912 § 1 (Exh. A), 2010; Ord. 1811 § 1, 2007; Ord. 1555 § 1, 1999)