Chapter 6.20
SPECIAL EVENT PERMIT
Sections:
6.20.010 Purpose – Applicability.
6.20.020 Administration – Administrative regulations.
6.20.030 Special event committee – Membership and duties.
6.20.040 Definitions.
6.20.050 Permit required – Exceptions.
6.20.060 Application – Fee.
6.20.070 Approval of permit – Display – Other permits and licenses.
6.20.080 Free speech event.
6.20.090 Other permits and licenses.
6.20.100 Denial – Revocation.
6.20.110 Permit fees – Permit fee waiver – City service charges.
6.20.120 Appeals.
6.20.130 Hold harmless and insurance requirements.
6.20.140 Special event temporary signage.
6.20.150 Use of city name or logo.
6.20.160 Interference with a special event prohibited.
6.20.170 Parades, races, runs, walks.
6.20.180 Block parties.
6.20.190 Motion picture, radio and television productions.
6.20.200 Farmers markets.
6.20.210 Downtown area.
6.20.220 Compliance and enforcement.
6.20.010 Purpose – Applicability.
A. Purpose. It is the purpose of this chapter to establish a process for allowing special events to use city streets, sidewalks, facilities or services. The city recognizes the substantial community benefits that may result from special events. They can provide cultural enrichment, promote economic vitality and enhance community identity. They may also provide funding opportunities for service organizations and communicate a group’s message to the public. The purpose of this chapter is 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 the special events; to regulate the competing uses of public spaces; to protect the rights of special event permit holders; and to provide notice to the city of the need for additional public safety and other services. It is also the intent of the city council to protect the rights of people to engage in expressive activities 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 the intent to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of events.
B. Applicability. This chapter applies to special events which take place on public property, or on both public and private property. Events which occur only on private property must comply with the city’s zoning ordinance, including temporary use permits at PHMC Chapter 18.100. (Ord. 864 § 4 (Exh. A), 2012)
6.20.020 Administration – Administrative regulations.
A. Administration. The public works and community development department shall administer this chapter, under the direction of the director of public works and community development and the city manager. The director shall develop administrative guidelines, coordinate permit applications, transmit them to the affected departments and outside agencies, set up special events committee meetings, work with applicants to implement the conditions of approval, coordinate any city services to be provided at the event, and administer the free speech event requirements of PHMC § 6.20.080.
B. Administrative regulations. The director shall adopt written administrative regulations that are consistent with and that further the terms and requirements set forth in this chapter. (Ord. 864 § 4 (Exh. A), 2012)
6.20.030 Special event committee – Membership and duties.
A. Membership. There is hereby created a special event committee to carry out the provisions of this chapter. This committee is comprised of representatives of the following city departments and divisions: planning, engineering and maintenance divisions of the public works and community development department; city manager’s office; and the police department. Optional attendees who will be notified of meetings as needed include: building division, city attorney’s office, Pleasant Hill Recreation and Park District, and the Fire Prevention Captain of the Contra Costa County Fire Protection District. The director is the chairperson of the committee.
B. Powers and duties of the committee. The special event committee shall have the power to:
1. Prepare administrative regulations under PHMC § 6.20.020.B, subject to the approval of the director;
2. Administer and apply this chapter and the administrative regulations;
3. Represent the city in discussions and in establishing agreements with the person(s) who represent the event;
4. Coordinate with city departments and with other governmental agencies to provide governmental services for special events;
5. Establish the terms and conditions, appropriate fees, and the time(s), place and manner of the event consistent with this chapter.
C. Appeals. Decisions of the committee may be appealed as provided in PHMC § 6.20.120. (Ord. 864 § 4 (Exh. A), 2012)
6.20.040 Definitions.
City property means any property owned by the city. City property includes a public way.
County health department means the Contra Costa County health services department.
Department means the public works and community development department.
Director means the director of the public works and community development department or his or her designee.
Fire District means the Contra Costa County Fire Protection District.
Free speech event means an event at which the expression of free speech rights is a principal purpose of the event. 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. (See PHMC § 6.20.080.) See Spontaneous event in this section.
Park District means the Pleasant Hill Recreation and Park District.
Public way means a public street, alley, sidewalk or other public way owned, controlled or maintained by the city.
Special event committee is the committee established to administer this chapter under PHMC § 6.20.030.
Spontaneous event is a free speech event which is occasioned by news or affairs coming into public knowledge less than 48 hours before the event. An event which requires advance planning such as a recreational event, competition/contest/spectator sport, fair, festival, carnival, ticketed event, sales/trade show, or event which requires a permit from the building division or fire district for the placement of structures is not considered to be a spontaneous event. (See PHMC §§ 6.20.050.B and 6.20.080.) (Ord. 864 § 4 (Exh. A), 2012)
6.20.050 Permit required – Exceptions.
A. Permit required. Except as otherwise provided in subsection B of this section, a special event permit is required from the special event committee for any of the following activities:
1. A parade, procession, march or assembly which is to assemble or travel in unison on any public street, sidewalk or other public way and which either:
a. Is likely to impede, obstruct, impair or interfere with the free use of the public way; or
b. Does not comply with normal or usual traffic regulations or controls.
2. Any other activity or event involving 150 or more persons on a public way.
3. An activity or event on city property which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the city’s building division or from the Contra Costa County Fire Protection District.
4. An outdoor event in the downtown area, under PHMC § 6.20.210.
B. Exceptions. The following do not require a special event permit (but may nevertheless require an encroachment permit or temporary use permit):
1. An event at a facility located on city property that is a city-sponsored or a city-approved assembly use, as long as the event does not require a street closure or traffic diversion. For purposes of this subsection, “a facility located on city property” includes, but is not limited to, the city council chambers, the community rooms at City Hall, City Hall and the lawn and parking areas adjacent to City Hall.
2. An event on public school grounds and other public property owned by the Mt. Diablo Unified School District, Diablo Valley College or the Pleasant Hill Recreation and Park District. However, if the event will encroach on the public right-of-way, or require police services, a special event permit is required.
3. A spontaneous event, which is occasioned by news or affairs coming into public knowledge less than 48 hours before the event, may be conducted on City Hall property without the organizers having to first obtain a special events permit. If practicable, the organizers should give notice to the city’s public works and community development department or police department at least four hours before the event, informing the city of the date and time of the event and providing an estimate of the number of persons who will be participating. (See also PHMC § 6.20.080, Free speech event.) (Ord. 864 § 4 (Exh. A), 2012)
6.20.060 Application – Fee.
A. Application. To receive a special event permit, an applicant must complete and file a special event application with the special event committee (at the public works and community development department) on a form approved by the city. The complete application should be filed at least 21 calendar days before the event to ensure adequate time for review of the proposed arrangements by the affected departments, establishing reasonable conditions, notification of the decision, and appeal from the decision. The applicant must provide the following information:
1. A description of the proposed use, event, or activity.
2. The street or other public property and the specific area or areas which will be used in connection with the proposed use, event, or activity.
3. The manner in which the public property will be used.
4. The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be used for the described use, event, or activity.
5. The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed event.
6. The name, address and telephone number of the person or persons to be contacted regarding the application or permit.
7. Other information which may be peculiar to the type of event, such as a parade, race, run or walk (PHMC § 6.20.170), a block party (PHMC § 6.20.180), or a studio production (PHMC § 6.20.190).
8. When applicable, information (and diagrams) including: traffic control plan; parking plan; street closure; storm water control plan (to keep litter and trash from entering the storm drains); trash removal; signs; toilets; private security; and the signature of the private property owner if private property is involved. (See conditions of approval, PHMC § 6.20.070.B.)
9. Any other information deemed necessary by the director.
B. Referral. The special event committee (or chairperson) may refer the application to the city departments or personnel, and other public agencies, as the committee deems necessary from the nature of the application. This referral is for the purpose of informing them and, as appropriate, for their review, evaluation, investigation and recommendations regarding approval or disapproval of the application.
C. Review. An application must be submitted and reviewed in accordance with the time limits established in administrative regulations established under PHMC § 6.20.020.B.
D. Fee. The application shall be accompanied by a fee, as set forth in PHMC § 6.20.110. (Ord. 864 § 4 (Exh. A), 2012)
6.20.070 Approval of permit – Display – Other permits and licenses.
A. Approval of permit. The special event committee shall issue a special events permit if it determines that all of the following criteria have been met:
1. The application is complete. (See PHMC § 6.20.060.)
2. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or other applicable laws or regulations; or the use is consistent with those other laws and regulations. (See PHMC § 6.20.090.)
3. The preparation for or the conduct of the proposed use, event or activity will not unreasonably burden city resources necessary to preserve the public’s use of the street in the area contiguous to the street or other public property.
4. The preparation for or the conduct of the proposed use, event or activity 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.
5. The proposed use, event, or activity does not otherwise present a substantial or unwarranted safety, noise, or traffic hazard.
6. The proposed use, event or activity will be of a nature and size appropriate to the proposed venue, location, or site; will occur during a time period approved for that venue, location, or site; and will fall within the frequency limitations established by administrative regulations adopted under PHMC § 6.20.020.B.
7. A transportation management/parking plan has been approved for the event by the traffic engineer to the extent such a plan is required by a condition of approval or the administrative regulations adopted under PHMC § 6.20.020.
8. The proposed event will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated.
9. If the proposed event includes live entertainment, and is not sponsored by a public agency or nonprofit organization, the police department shall conduct a background investigation (which may be waived at the department’s discretion). The applicant, including employees, partners, directors, officers or managers, may not have been convicted of any of the following offenses within the prior five years:
a. A crime requiring registration under Penal Code section 290;
b. A violation of Penal Code sections 311.2 and 311.4 through 311.7;
c. Violation of Penal Code sections 313.1 through 313.5;
d. Violation of Penal Code section 647, paragraph a, b, or d;
e. Violation of Penal Code section 315, 316, or 318;
f. A crime involving the use of force or violence on another; or
g. The maintenance of a nuisance in connection with the same or similar business operation.
In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event.
B. Conditions of approval. The committee may impose reasonable conditions to ensure the purposes of this chapter are met. These may include, but are not limited to, conditions regarding parking, traffic, hours of operation, noise, trash clean-up, portable toilets, signs, protecting the creeks and storm water system, additional security, insurance and indemnification, required permit from other public agencies, and permission from any private property owner whose property may be used by the event participants.
C. Display. A copy of the special event permit shall be displayed at the event site (or carried by the organizer if there is no event site) and shall be exhibited upon demand of any city official.
D. Other permits and licenses. The issuance of a special events permit does not necessarily relieve any person from the obligation to obtain any other permit or license required under this code, or from another public agency. (See PHMC § 6.20.090.) (Ord. 864 § 4 (Exh. A), 2012)
6.20.080 Free speech event.
The following procedures apply to a free speech event.
A. Filing. The applicant shall file the application with the special event committee as soon as possible, but no later than seven working days before the event. An application may be filed up to five working days before the event, but an applicant filing less than seven working days before the event waives the right to appeal a decision. (The review period is to ensure adequate time for review of the proposed arrangements by the affected city departments, establishing reasonable conditions, notification of the decision, and appeal from the decision.) (See PHMC § 6.20.050.B.3.)
If an event is planned in response to a spontaneous event which could not have been known in advance, the applicant may file an application 48 hours before the event.
B. Application review. Depending upon the type of event planned, the director shall circulate the application and receive comments from other affected city departments.
C. 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 PHMC § 6.20.070. The director shall take action to approve or deny the permit 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.
D. Applicant’s acceptance (or appeal). The applicant shall notify the director in writing of the applicant’s acceptance of the permit terms within 24 hours (not including days the city offices are closed) after written notice of the decision. The failure to submit a timely acceptance or appeal is deemed an automatic withdrawal of the application. If the applicant files a valid written acceptance and complies with the general permit conditions (see PHMC § 6.20.070.B), the permit issues upon the director’s receipt of the written acceptance. The director shall notify the applicant, the city council, the city manager, and any affected department head that the permit has been issued.
E. Appeal. An applicant who has filed the initial application at least seven working days before the event may appeal the 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 on a form prescribed by the city. 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 PHMC § 6.20.120.
F. Judicial review. If the city denies a free speech event permit and the applicant wishes to seek judicial review, he or she is entitled to expedited judicial review under Code of Civil Procedure section 1094.8. (Ord. 864 § 4 (Exh. A), 2012)
6.20.090 Other permits and licenses.
A. City requirements. The city’s issuance of a special event permit supersedes and takes the place of certain city regulations and city permits which might otherwise be required, as long as the conduct of the event is consistent with the permit. The other city regulations and city permits which are superseded include:
1. An encroachment permit under PHMC Chapter 11.05;
2. Registration for amplified sound under PHMC § 9.15.050;
3. The prohibition against use of alcohol on public property under PHMC Chapter 9.50, if alcohol use has been approved for the event;
4. A temporary use permit under PHMC Chapter 18.100, if the event is approved for both public and private property;
5. A sign permit under PHMC Chapter 18.105, if signs and location are approved as part of the special events permit.
The issuance of a special event permit does not relieve the applicant from the obligation to obtain a city business license under PHMC Chapter 5.05.
B. Requirements of other agencies. The issuance of a city special event permit does not relieve the applicant from the obligation to obtain any other permit or license required from another public agency. Examples include:
1. Contra Costa County Fire Protection District. A permit is required from the fire district for an event involving a street closure; food booths; carnival; street fair; use of fireworks (fixed or aerial displays); an event which increases property fire loading (i.e., haunted house, grad night); cooking operations inside a tent; or erecting a tent, canopy or other temporary membrane structure.
2. Pleasant Hill Recreation and Park District. A permit (and park rental fees) may be required from the park district for the use of park property.
3. Contra Costa County health services, department of environmental health. A permit for a temporary food facility may be required from the county health services department of environmental health when an event is open to the public and any food or beverage is sold or given away. (Health and Safety Code sections 113930, 114381.)
4. State of California Department of Alcohol and Beverage Control (ABC). A temporary license may be required from the state Department of Alcohol and Beverage Control if the event is open to the public and alcohol will be sold (or sold indirectly through tickets to the event).
5. Allied Waste Systems, Inc. (doing business as Pleasant Hill Bayshore Disposal). Allied Waste should be contacted if special or additional trash pick-up will be needed.
6. Contra Costa transit authority. This agency should be contacted if the event (1) may close streets or delay traffic, or (2) is very large and may impact the number of people riding the bus. (Ord. 864 § 4 (Exh. A), 2012)
6.20.100 Denial – Revocation.
The special event committee shall deny an application for a special event permit, or revoke a permit, if the committee finds any of the following:
A. One or more of the approval criteria specified in PHMC § 6.20.070.A are not met.
B. The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the application process.
C. The application does not contain the information required by this chapter. (See PHMC § 6.20.060.)
D. The application does not satisfy the requirements of this chapter or the administrative regulations adopted under PHMC § 6.20.020.B.
E. The applicant fails to comply with any conditions of approval including, but not limited to:
1. Payment of fees, charges or deposits;
2. Submittal of an indemnification agreement and/or proof of insurance to the extent required;
3. Timely receipt of all required approvals.
F. The applicant fails to agree (as a condition of permit issuance) to reimburse the city for the actual replacement or repair cost if city property is destroyed or damaged by reason of the permittee’s use, event or activity and the damage or destruction is directly attributable to the permittee. (This requirement does not apply to destruction or damage caused by other persons hostile to the content of speech or message conveyed by the event.) (Ord. 864 § 4 (Exh. A), 2012)
6.20.110 Permit fees – Permit fee waiver – City service charges.
A. Permit fees. The nonrefundable permit application fees and other additional fees and charges, including neighborhood notification fees, shall be established by city council resolution. The fees shall not exceed the estimated reasonable cost of reviewing, investigating, evaluating and rendering a decision on the permit.
The fee for a special event application represents the costs of processing the application by various city departments. (This processing fee is not the same as the city service charges at subsection C of this section.) It may include an initial deposit, with further payments for time spent if the initial deposit is insufficient.
B. Permit fee waiver.
1. The application fee is waived for nonprofit organizations, small neighborhood events of less than 75 people, free speech events and events cosponsored by the city. However, the fee is not waived if the event is a money-making event for the organization.
2. An indigent natural person who cannot apply for a permit because of an inability to pay the application fee due to such indigence may not be required to pay the fee, in accordance with administrative regulations adopted under PHMC § 6.20.020.B.
Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager or his/her designee, be reasonably necessary to verify such status.
For purposes of this section, “indigent natural person” means:
1. A person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (Cal WORKs) program (Chapter 2 (commencing with section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the Food Stamp Program (7 U.S.C. section 2011 et seq. or section 17000 of the Welfare and Institutions Code); or
2. A person whose monthly income is 125% or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.
An organization in which a majority of its members meet the criteria for indigent status may also be eligible for application fee waiver.
C. City service charges.
1. In addition to the payment of the nonrefundable permit application fee, a permittee shall pay the city for city departmental service charges incurred in connection with or due to the permittee’s activities under the permit (for example, costs of maintenance personnel, public safety personnel). However, unless the event is a money-making event for the organization, there is no imposition of service charges if (a) the event is sponsored or cosponsored by the city, or (b) the event is sponsored by a 401(c)(3) nonprofit organization.
2. City departments shall submit the final invoices and billings for department charges to the permittee no later than 10 working days after the expiration date of the permit.
3. A permittee who claims an inability to pay department service charges due to indigency may have these charges waived in accordance with administrative regulations. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the director, be reasonably necessary to verify such status. “Indigent natural person” has the same meaning set forth in subsection B of this section.
4. No permittee is required to provide for or pay for the cost of public safety personnel to provide for the protection of a community event and its attendees from hostile members of the public or counter-demonstrations or for general law enforcement in the vicinity of the event. (Ord. 864 § 4 (Exh. A), 2012)
6.20.120 Appeals.
An applicant aggrieved by an adverse decision under this chapter may appeal the decision to the city manager by filing a written notice of appeal under PHMC Chapter 1.10. The applicant and city manager may shorten the time periods stated in PHMC Chapter 1.10 by mutual agreement. (Ord. 864 § 4 (Exh. A), 2012)
6.20.130 Hold harmless and insurance requirements.
A. 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 conduct of the permittee or its officers, employees, and agents. (The permittee is not required to defend, indemnify and hold harmless the city against losses and liabilities caused by other persons hostile to the content of speech or message conveyed by a free speech event.)
B. Insurance requirements.
1. Except as otherwise prohibited by law or an exemption is obtained as provided by this chapter and the implementing regulations, the permittee shall procure and maintain in effect during the term of the permit a policy of insurance from a reliable insurance company (Best’s rating of no less than A:VII) authorized to do business in the state, which policy includes the city, its boards, officers, agents, employees, and volunteers as named insureds or additional named insureds and which provides the type and amount of coverage that the city attorney determines to be necessary and adequate under the circumstances, consistent with the city’s standard practices. (The amount deemed to be necessary may not be based on the anticipated hostile reaction of others to a free speech event.) Proof of insurance shall be submitted to the city before issuance of the permit and maintenance of this insurance shall be a condition of the permit.
2. If the city attorney determines that a particular use, event, or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the city or its officers, agents, employees, or volunteers, the city attorney may give a written waiver of the insurance requirements of this section. This determination may not be based on the anticipated hostile reaction of others to a free speech event. (Ord. 864 § 4 (Exh. A), 2012)
6.20.140 Special event temporary signage.
A. General. The permit holder or his or her designee may install temporary or nonpermanent sign(s) identifying or pertaining to the special event, within and near the event site as defined in the permit. (See PHMC § 6.20.090.A, and PHMC Chapters 18.60 and 18.105.) The logo of a tobacco sponsor is prohibited. (See PHMC Chapter 9.45.)
B. Walks and races. The permit holder or his or her designee may install directional signs for walks and races; provided, that each sign is less than two square feet in size, is attached to a street light or other utility pole at a height of between five and six feet without damaging the finish of the pole, and is installed less than two hours before the start of the event and removed within one hour of the completion of the event. A plan showing the type and location of the proposed directional signs must be submitted as part of the special event permit application and be approved by the city. The city may remove signs that do not meet the installation and removal requirements of this section and shall charge the permittee for the cost of this removal. (Ord. 864 § 4 (Exh. A), 2012)
6.20.150 Use of city name or logo.
It is unlawful for the permittee conducting a special event to use the words “City of Pleasant Hill” to suggest or indicate that the event is sponsored by the city, or to use a facsimile of the seal or logo of the city in the promotional materials or advertising for the event without the city’s written authorization. (Ord. 864 § 4 (Exh. A), 2012)
6.20.160 Interference with a special event prohibited.
It is unlawful for a person to interfere with a special event permitted under this chapter by engaging in any of the following acts when the acts are not part of the event and are done with the intent to cause interference:
A. Blocking, obstructing, or impeding the passage of participants, vehicles, or animals in the event along the special event route or at the approved location;
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;
C. Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in a special event;
D. Grabbing at, taking hold of, hitting, pulling, or pushing any participant, vehicle, or animal in the event or anything in the possession of any participant in the event;
E. Throwing, squirting, dumping, or dropping any liquid or gaseous substance on, toward, among, or between participants, vehicles, or animals in the event;
F. Selling or offering for sale any food or merchandise at the event location or in the public right-of-way along the event route during the hours the community event route is closed to normal motor vehicle traffic, without first having obtained (1) the written permission of the event permit holder, in addition to (2) any permits and/or licenses required for such activity by the city or any other governmental entity. (See PHMC § 6.20.090.) (Ord. 864 § 4 (Exh. A), 2012)
6.20.170 Parades, races, runs, walks.
A. Definition. Parade includes a motorcade, march, procession or walk. It does not include a funeral procession under the direction of a licensed funeral director (though coordination with the police department is recommended).
B. Route. For a parade, race, run or walk, the applicant shall work with the special event committee to establish a route that will not cause an unreasonable disruption of traffic or an unreasonable risk to public safety. A parade, race, run or walk may not be conducted on streets classified by the city as arterial streets between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on business days. (Ord. 864 § 4 (Exh. A), 2012)
6.20.180 Block parties.
A. General. A request for a permit to use a street for a block party or other similar neighborhood event is subject to this chapter, and shall be made by filing an application with the special event committee under PHMC § 6.20.060. Only a street classified by the city as a residential or neighborhood street (not a collector or arterial street) may be used for a block party or other similar neighborhood event.
B. Neighborhood petition. The applicant must include a petition in favor of the event signed by at least half of the residents and businesses on both sides of the street to be closed. At least 48 hours before the event, the applicant shall notify affected neighbors and businesses of the event in writing, including the time and date and areas closed, if any.
C. Special conditions. The city engineer may impose special requirements when a street closure is approved, including the requirement for barricades, access for emergency vehicles, and clean-up of the street. (Ord. 864 § 4 (Exh. A), 2012)
6.20.190 Motion picture, radio and television productions.
A. Permit requirement. A special event permit is required for the use of any public property for commercially prepared motion picture, radio and television productions and commercial still photography, and all activity associated with staging or shooting. However, this permit requirement does not apply to:
1. Reporters, photographers or camera technicians employed by a newspaper, news service, radio or television station, or similar entity, engaged in on-the-spot broadcasting of news events; or
2. A studio operating at an established or fixed place of business in the city.
B. Fees. No permit fee and no city services charges under PHMC § 6.20.110 apply for still photography or for productions conducted wholly for a charitable purpose, with no monetary profit involved.
C. Conditions of approval. In addition to general conditions of approval under PHMC § 6.20.070.B, the special event committee may impose conditions: (1) to require the written consent of all affected property owners or occupants in possession of property to be used, and (2) to avoid disruption of normal activities for people in the vicinity. (Ord. 864 § 4 (Exh. A), 2012)
6.20.200 Farmers markets.
In addition to a special events permit, a farmers market organization must also have a separate contract approved by the city council authorizing the operation of a farmers market if it will be operated on public property. (Ord. 864 § 4 (Exh. A), 2012)
6.20.210 Downtown area.
A. Applicability. A special event occurring outdoors within the Downtown Specific Plan area requires a special event permit.
B. Special provisions. In addition to other requirements of this chapter, the following are also applicable to a special event permit in the downtown area:
1. A master special event permit may be obtained for all events in the downtown area for each calendar year.
a. A special event permit is required for a special event located anywhere.
b. All events identified in the master special event permit are also subject to the requirements by any affected outside agencies, and the applicant is responsible for receiving appropriate approvals from any affected outside agencies. (See PHMC § 6.20.090.)
c. Any other event not identified in the master special event permit requires a separate special event permit.
2. Each individual special event permit is subject to limits on the number of events as set forth at PHMC § 18.25.020. (Ord. 864 § 4 (Exh. A), 2012)
6.20.220 Compliance and enforcement.
A. Compliance with permit and laws. Each permittee shall comply with the terms and conditions of the permit and with the laws of the state of California and the city.
B. Display of permit. Each permittee is responsible for ensuring that the person in charge of the event displays the permit at the event site (or carries the permit, if a parade) and exhibits the permit upon demand of any city official.
C. Advising participants. The permittee shall advise the event participants, orally or in writing, of the terms and conditions of the permit, before the event.
D. This chapter may be enforced by revocation under PHMC § 6.20.100 or by any means authorized in PHMC § 1.25.010. (Ord. 864 § 4 (Exh. A), 2012)