Chapter 8.60
SPECIAL EVENTS
Sections:
8.60.040 Special event permit application.
8.60.060 Denial/revocation of special event permit.
8.60.090 Interference with expressive activity prohibited.
8.60.110 Display of special event permit.
8.60.120 Administrative regulations.
8.60.010 Purpose and intent.
The purpose of this chapter is to protect the First Amendment rights of the people of Menlo Park to peaceably assemble and/or protest in the city’s public places and to establish the least restrictive and reasonable time, place and manner regulation of these activities. It is further intended to provide a coordinated process for managing special events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at special events, and to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of special events. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this chapter:
(1) "Applicant" means any person who seeks a permit under this chapter to organize expressive activity.
(2) "Assembly" means the assembling or coming together of a number of persons for a particular purpose.
(3) "City property" means all real property and improvements owned, operated or controlled by the city within the city’s jurisdiction. City property includes, but is not limited to, City Hall, police and fire facilities, recreational facilities, parks, libraries, and streets and sidewalks.
(4) "Expressive activity" means conduct, the sole or principal object of which is the expression of opinion, views, or ideas, protected by the First Amendment of the U.S. Constitution. Expressive activity includes, but is not limited to, public oratory and distribution of literature.
(5) "Organize" means to organize, operate, manage, stage, promote, sponsor or carry on a special event.
(6) "Organizer" means the person who organizes, operates, manages, stages, promotes, sponsors or carries on a special event.
(7) "Permit" means a special event permit issued by the city of Menlo Park police chief or their designee, consistent with the provisions of this chapter.
(8) "Permittee" means any person that has been issued a permit to organize a special event in accordance with this chapter.
(9) "Person" means and includes an individual, corporation, partnership, trust, nonprofit organization, association, group or other business entity or organization.
(10) "Special event" means any of the following:
(A) Any organized formation, parade, procession, demonstration or assembly which may include persons, animals, vehicles or any combination thereof, which is to assemble or travel in unison on any public street, sidewalk or the public right-of-way owned or controlled by the city which does not comply with applicable traffic regulations, laws, or controls.
(B) Any organized assemblage of one hundred fifty (150) or more persons at any public place, public property, or public facility which is to gather for a common purpose under the direction or control of a person.
(C) Any other organized activity conducted by a person for a common or collective use, purpose or benefit which shall require the use of city public services for police regulation, monitoring or control, street closure, erecting barriers, or traffic control, parking needs that will exceed the capacity of the venue, or that will interfere with normal use and operation of public rights-of-way for travel. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.030 General provisions.
(a) Permit Required. Except when expressly provided pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the city council, no person shall operate any special event regulated by this chapter without first obtaining a permit in accordance with the provisions of this chapter, unless exempt as set forth below. Special event permits must set forth the applicable noise limit if the proposed event shall exceed the noise limitations set forth in Chapter 8.06.
(b) Exempt Activities.
(1) Any expressive activity on city owned, controlled, or maintained property involving less than one hundred fifty (150) persons.
(2) Activities on school grounds, which are exempt from the requirements of this chapter.
(3) Spontaneous events which are occasioned by news or affairs coming into public knowledge less than forty-eight (48) hours prior to such event may be conducted on city property without the organizers having to obtain a special event permit if all of the following factors are satisfied:
(A) The spontaneous event does not impede vehicular traffic or violate regulations regarding pedestrian and vehicular traffic; and
(B) The organizer provides the police chief or designee with at least four (4) hours of prior notice of the spontaneous event; and
(C) The location where the spontaneous event is to be conducted has not been previously rented, reserved, or otherwise obligated to another use in accordance with established city policies and procedures for use and/or rental of city facilities.
Events which require a permit pursuant to other chapters of the Municipal Code, including but not limited to group activities pursuant to Chapter 8.28, shall not be considered spontaneous events; and
(4) Filming, as regulated by Chapter 8.70. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.040 Special event permit application.
(a) To receive a special events permit, an applicant must complete and file an application with the police chief or designee on a form approved by the city manager. The applicant must provide the following information:
(1) A description of the proposed use, event, or activity; and
(2) The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed special event, including a description of noise generating equipment, such as sound-amplifying equipment as defined in Section 8.06.020(18); and
(3) The manner in which the public property will be utilized; and
(4) The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described special event; and
(5) The name, address and telephone number of the person, entity, or organization sponsoring or conducting the proposed special event; and
(6) The name, address and telephone number of the person or persons to be contacted regarding the application or permit.
(b) The police chief or designee shall review and issue or deny the application within twenty-eight (28) days of receipt of a completed application. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.050 Review process.
(a) Subject to the criteria for denial set forth in Section 8.60.060, the police chief or designee shall issue a special event permit if it is determined that all of the following criteria have been met:
(1) The proposed use of city property for the special event is not otherwise governed by or subject to any other permit procedures provided elsewhere in this code; and
(2) The preparation for or the conduct of the proposed special event will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the city’s ability to perform municipal functions or furnish city services in the vicinity of the permit area; and
(3) The proposed special event does not otherwise present a substantial safety, noise, environmental, or traffic hazards, considering the number of participants and proposed location, such as to endanger the health or safety of the event participants, general public, or city employees, which cannot be adequately remedied by reasonable traffic control and other safety measures.
(b) In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, or the identity or associational relationships of the applicant. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.060 Denial/revocation of special event permit.
The police chief or designee may deny any application for a special event permit or revoke such a permit if the police chief or designee finds any of the following:
(1) One (1) or more of the approval criteria specified in Section 8.60.050 is not or can no longer be met.
(2) The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the application process.
(3) The application does not contain the information required by this chapter.
(4) The application does not satisfy the requirements of this chapter.
(5) The applicant fails to comply with any conditions of approval including, but not limited to:
(A) Remittance of fees, charges or deposits; or
(B) Submittal of an indemnification agreement and/or proof of insurance for the special event as required by the city; or
(C) Timely submittal of all required documents.
(6) The applicant has damaged city property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior special event permit issued by the city.
(7) The special event is scheduled to occur at a location and time in conflict with another special event already permitted or that can be permitted to another applicant that submitted an application first in time.
(8) The special event is in conflict with applicable provisions of any federal, state and/or local laws.
(9) The applicant has damaged city property on prior occasions without having paid for the damage. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.070 Applicable fees.
Special event permit application fees pursuant to this chapter shall be established by separate resolution of the city council. Where a special event requires street closure, barriers, or other infrastructure, the applicant shall pay such fees as may be established by resolution of the city council for traffic control and related municipal expenses. Additionally, use of city buildings or facilities shall be subject to any use or rental fees established by the city which shall be deposited by the applicant prior to use. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.080 Appeals.
An applicant may appeal the denial or revocation of a permit by the police chief or designee by providing the city manager or designee written notice of appeal within ten (10) days of the denial or revocation. The city manager or designee shall hold a hearing within five (5) days of the filing of a notice of appeal, at which time the applicant may present any and all evidence, testimony, and information relevant to the city manager’s decision. The city manager or designee, within five (5) days following the appeal hearing, shall issue a decision. The decision of the city manager or designee shall be delivered to the applicant and shall be final and binding. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.090 Interference with expressive activity prohibited.
It shall be unlawful for any person to interfere with a special event permitted under this chapter by engaging in the following acts when done with the intent to cause interference:
(a) Blocking, obstructing, or impeding the passage of participants, vehicles, or animals in the special event along the special event route; or
(b) Walking or running, driving a vehicle, riding a bicycle or skateboard, or using any similar device through, between, with, or among participants, vehicles, or animals in the special event; or
(c) Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in a special event. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.100 Hold harmless.
Each permittee shall execute a hold harmless agreement in a form approved by the city agreeing to defend, indemnify, and hold harmless the city against losses and liabilities incurred from the willful or negligent acts or omissions of the permittee or its officers, employees, and agents. If city property is destroyed or damaged by reason of permittee’s special event and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property. Nothing in this provision shall require a permittee to indemnify the city from claims or losses occasioned by the reaction of third parties to expressive activity at the permittee’s special event. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.110 Display of special event permit.
A copy of the special event permit shall be displayed at the event site and shall be exhibited upon demand of any city official. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.120 Administrative regulations.
The city manager or designee, may adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this chapter, and as may be necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful uses, protect the safety of persons and property and to control vehicular and pedestrian traffic. All such administrative regulations must be in writing. (Ord. 1090 § 7 (Exh. A), 2022).
8.60.130 Penalties.
Any person who intentionally violates any of the provisions of this chapter shall be guilty of a misdemeanor. Violations of this chapter may be enforced pursuant to any laws and remedies available to the city including but not limited to enforcement as a misdemeanor and/or public nuisance pursuant to Chapters 1.12 and 8.04. (Ord. 1090 § 7 (Exh. A), 2022).