Chapter 5.58
SPECIAL EVENTS
Sections:
5.58.020 Special events defined.
5.58.030 Additional definitions.
5.58.040 Permits required—Exemptions.
5.58.050 Application procedure.
5.58.060 Contents of application form.
5.58.070 Action on application.
5.58.080 Grounds for denial of application for permit.
5.58.100 Appeal procedure—Waivers.
5.58.120 Indemnification agreement.
5.58.140 Public services fees.
5.58.150 Cleanup deposits for certain special events.
5.58.170 Unlawful to sponsor, authorize or participate in an event without a permit or notice.
5.58.180 Unlawful to exceed scope of permit.
5.58.190 Revocation of permit.
5.58.010 Intent and purpose.
The intent of this chapter is to provide a regulatory framework for permitting special events. The use of city streets or other city-owned or controlled property and private property by large groups causes wear and tear on such property. Further, it requires city staff time to provide traffic enforcement and to ensure proper crowd control. Such uses also subject neighboring residents to excessive noise and traffic, particularly when the property or facility is small or the use is intense. As such, the purpose of this chapter is to ensure that special events are conducted so as not to violate any other ordinance or regulation of the city or cause any detrimental effects to surrounding properties and the community. The provisions set forth in this chapter shall establish criteria for characterizing events as special events and standards and conditions for approving and permitting such special events.
It is also the intent of the city council to protect the rights of its citizens to engage in protected free speech and expressive activities. Consequently, it is not the intent of this chapter to regulate conduct the sole or principal objective of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas, which are protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.020 Special events defined.
A. As hereinafter mentioned in this chapter, “special event” means, including but without limitation, any assembly or congregation of persons, display, entertainment or demonstration, that is likely to meet any one or more of the following criteria:
1. Attended by twenty (20) or more people or charges admission to the general public for any activity located within the public right-of-way or on public property including parks, parking lots, community center, etc.; or
2. Obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or otherwise fails to comply with traffic laws and controls; or
3. Can reasonably be expected to become a hazard to the public peace, health, safety or general welfare as determined by the chief of police, fire chief, building official, planning and community development director, or the chief of public utilities.
B. Notwithstanding the general guidelines set forth, the director may also take into consideration the nature of the event; the past history of the event; the applicant, the special event sponsors and/or participants; and/or other relevant available information. Based on this analysis, the director may upgrade or downgrade the special event’s characterization or otherwise conditionally approve or deny the special event as is necessary to ensure the health, safety and welfare of the participants and local residents. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.030 Additional definitions.
“Applicant” means any person requesting a permit to conduct or sponsor an event governed by this chapter. Applicants must be eighteen (18) years of age or older.
“Block party” means a special event that is stationary and generally limited to one or more specific streets or city blocks.
“Building official” means the head of the city’s building and safety division and includes the building official’s designee.
“Chief of police” means the chief of the city’s police department and includes the chief of police’s designee.
“Chief of public utilities” means the city’s director of public works and includes the director’s designee.
“Director” means the planning and community development director.
“Fire chief” means the chief of the city’s fire department and includes the fire chief’s designee.
“Normal business operations” means any activity conducted solely by the business operator and is consistent with the activity for which the business is licensed. “Normal business operations” does not include any activity promoted, either fully or partially, by someone other than the licensed business operator or when the establishment is rented out.
“Organizer” means any person who is conducting, sponsoring or organizing a special event.
“Parade” means a special event in which the assembly moves along a pre-established route on city streets but may also be attended by spectators.
“Participant” means a spectator, fan, supporter or any other person attending for the purpose of watching and/or participating in the special event.
“Permit” means either a special event permit or annual permit granted pursuant to this chapter.
“Permit application fee” means the fee to be paid by the applicant at the time the application for a permit is filed with the planning director.
“Permittee” means any person or organization that has been issued a permit by the city.
“Person” means any individual, firm, partnership, association, corporation, company or organization of any kind.
“Planning and community development” means the city’s director of planning and includes the director’s designee.
“Right-of-way” means the dedicated portion of any street or road within the city.
“Risk manager” means the city’s manager of the risk management division of the city’s finance department. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.040 Permits required—Exemptions.
A. Except as otherwise provided herein, all special events occurring within the city shall be prohibited unless a permit, properly issued by the director in accordance with Chapter 17.640 (Temporary Use and Special Event Permits), has first been obtained.
B. Exemptions. A permit is not required for the following:
1. Governmental agencies acting within the scope of their authorized function, or those activities sponsored by governmental agencies;
2. Any parade or assembly of pedestrians organized for the purpose of exercising First Amendment rights and involving a procession of persons walking on sidewalks and obeying all traffic and other laws. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.050 Application procedure.
A. Except as otherwise provided herein, all applications for permits shall be filed with the director not less than sixty (60) calendar days or more than twelve (12) months before the scheduled event. The director may make allowances for reduced filing deadlines at his/her discretion.
B. Notwithstanding the foregoing, the director shall consider an application that is filed after the filing deadline if:
1. The event involves an activity organized for the purpose of exercising First Amendment rights;
2. The city council grants a waiver.
C. The director shall, for good cause, consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. The applicant may demonstrate good cause by showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed.
D. The application for a permit shall be accompanied by a nonrefundable permit application fee in the amount set by city council resolution. This nonrefundable fee shall cover the approximate costs of processing and investigating special events applications and administering the special events permit program. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.060 Contents of application form.
A. The application for a permit shall include all items required by the community development department for filing a special event permit.
B. Supplemental Information. The applicant shall provide any supplemental information that, under the particular circumstances of the special event, the director finds reasonably necessary to determine whether to approve or conditionally approve a permit application. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.070 Action on application.
Processing of a special event permit shall be subject to the requirements of Chapter 17.640 (Temporary Use and Special Event Permits). (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.080 Grounds for denial of application for permit.
A. The director shall approve an application for a permit unless he/she determines, from a consideration of the application and other pertinent information, that:
1. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
2. The application is incomplete or the applicant failed to complete the application after having been notified of the additional information or documents required;
3. The applicant undertook a prior special event without a required permit or otherwise in violation of this chapter;
4. The applicant failed to pay the additional costs of a prior special event charged pursuant to Section 5.58.140(C);
5. Another permit application has been received prior in time, or has already been approved, to hold another event at the time and place requested by the applicant, or so close in time and/or place as to cause undue traffic congestion, or the city’s police department is unable to meet the needs for police services for both events;
6. The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around the event, will either prevent proper police, fire or emergency medical services to areas contiguous to the event or will exceed the capabilities of the police, fire or emergency medical services needed to adequately protect the participants from the conduct of others;
7. The size of the event will require diversion of so great a number of city police officers and other public employees to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the city. Nothing herein authorizes denial of a permit when additional peace officers or approved private security forces to supplement these peace officers would be available to the city, if requested by the city in advance of the event. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable conditions can be imposed to allow for adequate protection of participants with the number of police officers available to police the event;
8. The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets or a previously granted encroachment permit;
9. The event will occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof;
10. Given the name of the special event, and/or the past history of the applicant, sponsors and/or participants, the planning director reasonably determines that the event presents a substantial risk to the health, safety and welfare of the participants and/or local residents that cannot be adequately mitigated using available public resources; or
11. The applicant failed to comply with the California Fire Code and/or the State Fire Marshal requirements during previous special events.
B. When the grounds for denial specified in subsection A of this section can be corrected by altering either the staffing for, or the date, time, duration, route or location of the event, the planning director shall, instead of denying the application, conditionally approve the application upon the applicant’s written acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modifications of the applicant’s proposed event as are necessary to achieve compliance with this chapter. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.090 Permit conditions.
The director may condition the issuance of a permit by imposing reasonable restrictions on the time, place and manner of conducting the event as are necessary or appropriate to protect persons and property, and to control traffic; provided, that such restrictions shall not unreasonably interfere with the right of free speech. Such conditions may include, but are not limited to, the following:
A. Alteration of the staffing for, or the date, time, route or location of the event;
B. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;
C. Requirements for provision of first aid and sanitary facilities, including the presence of emergency medical services personnel for all category two or three events;
D. Requirements for use of event monitors and providing notice of permit conditions to participants;
E. Approval of any proposed private security forces;
F. Restrictions on the number and type of vehicles, animals or structures at the event;
G. Compliance with animal protection ordinances and laws;
H. Requirements for use and provision of garbage containers, cleanup and restoration of city property;
I. Restrictions on the time and use of amplified sound;
J. Permit applications for block parties may be conditioned on notice and approval by at least fifty percent (50%) of the residents on the affected street(s);
K. Compliance with any relevant ordinance or law, including obtaining any legally required permit or license;
L. Adequate proof of payment of the public service fees pursuant to Section 5.58.140; and
M. Adequate proof of compliance with the cleanup requirements set forth in Section 5.58.150. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.100 Appeal procedure—Waivers.
A. The applicant may appeal to the city manager the refusal to consider a late application, the denial or conditional approval of a permit, any condition imposed on a permit not required by state or federal law, or a determination that the applicant’s insurance coverage does not comply with the requirements specified in Section 5.58.130.
B. The applicant may request a waiver from the city manager regarding the amount of fees imposed pursuant to Section 5.58.140, cleanup deposits imposed pursuant to Section 5.58.150, or the indemnification/bond requirement imposed pursuant to Section 5.58.120 if a nonprofit organization sponsors or co-sponsors the special event with the city or other public agency, or if the primary purpose of the event is First Amendment expression and the cost of paying the fees, posting a bond, or entering into an indemnification agreement is or may be so financially burdensome that it would constitute an unreasonable burden on the exercise of rights protected by the First Amendment.
C. Appeals and/or requests for waivers shall be conducted pursuant to this chapter.
D. All appeals and/or requests for waivers shall be filed with the city clerk no later than five days following the notice of decision by the director.
E. Any hearing before the city manager shall be held, and final decision rendered, no later than fifteen (15) calendar days following the appeal filing. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.110 Permit issuance.
A. The director shall issue the permit after the application has been approved, the applicant has agreed in writing to comply with all of the terms and conditions of the permit, and the requirements of this chapter respecting indemnification, insurance, police, traffic control, fees and cleanup deposits have been fully satisfied.
B. Notwithstanding subsection A of this section, the director shall not withhold the issuance of a permit if the applicant has requested, and received, a waiver from the city manager pursuant to Section 5.58.100 for a special event in which the primary purpose is First Amendment expression. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.120 Indemnification agreement.
Prior to the issuance of a permit, the applicant shall execute an agreement to reimburse the city for all the costs and expenses that the city incurs as a result of the event, insofar as permitted by law.
The director may also require the applicant to post a cash bond in an amount that the director determines is sufficient to satisfy this reimbursement obligation. The agreement shall provide that the applicant shall defend, indemnify and hold harmless the city and its officers and employees from any liability to any persons or property resulting from any damage or injury occurring in connection with the permitted event, insofar as permitted by law. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.130 Insurance.
A. The permittee of an event must possess or obtain public liability insurance to protect against liability for personal injury and property damage arising from the event. Coverage shall be a comprehensive general liability insurance policy. Minimum limits required:
1. One million dollars ($1,000,000.00) for each occurrence combined single limit bodily injury and property damage; and
2. If food or nonalcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for products liability in an amount of not less than one million dollars ($1,000,000.00); and
3. If alcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than one million dollars ($1,000,000.00); and
4. If the event involves the use of licensed motorized vehicles, the policy must also include an endorsement for automobile liability in an amount not less than one million dollars ($1,000,000.00).
B. Insurance required pursuant to this section shall be maintained for the duration of the event and shall:
1. Name the city, its officers, employees and agents on the policy or by endorsement as additional insured;
2. Be a primary policy and not contributory or in excess of any policy of the city; and
3. Declare all deductibles on the policy.
C. The city’s risk manager shall approve all deductibles on the policy.
D. The requirement as to types, limits, and the city’s approval of insurance coverage that the permittee maintains are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations that the permittee assumes pursuant to this chapter.
E. A copy of the policy or a certificate of insurance, together with all necessary endorsements, must be filed with the planning director at the time of application for the event, unless the planning director, for good cause, waives the filing deadline. The planning director shall not issue the permit until after the insurance policy or certificate of insurance, together with all necessary endorsements, has been filed with the city and approved by the risk manager. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.140 Public services fees.
A. Upon approval of an application for a permit, the director shall provide the permittee with a statement of the estimated cost of providing police, fire, emergency medical services and other city employees for public safety at the event. The permittee shall bear the cost of such services and shall remit payment to the city no later than ten (10) days before the special event.
B. The amount of such fees shall be based on the city’s actual cost of providing the required number of police and other city employees necessary to ensure the safety of both the participants and the community. The director may waive public service fees for city co-sponsored events or other public agency or school districts events (such as homecoming).
C. If the actual cost of public services for the event is less than the estimated cost, the city will promptly refund the difference to the permittee. If the actual cost for public services is more than the estimated cost, the difference shall become due and payable to the city upon the permittee’s receipt of a statement of the cost. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.150 Cleanup deposits for certain special events.
A. The city shall require the applicant for an event in public facilities or on public property or rights-of-way involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations to provide a cleanup deposit prior to the issuance of a permit. As an alternative to such deposit, the applicant may provide a written contract for event cleanup.
B. The city shall return the cleanup deposit after the event if the area used for the event has been cleaned and restored to the same condition as existed prior to the event.
C. The city shall bill the permittee for the actual cost for cleanup and restoration, and apply the cleanup deposit, or a portion thereof, toward payment of the bill, if the public facilities, public property or rights-of-way utilized during the event have not been fully cleaned or restored. If the permittee disputes the bill, the permittee may appeal to the planning director within five days after receipt of the bill. Should there be any unexpected balance on deposit after completion of the work, the city shall refund this balance to the permittee. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the permittee’s receipt of the bill. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.160 Duties of permittee.
A. Each permittee shall comply with all terms and conditions of the permit.
B. Except as provided in subsection D of this section, each permittee shall ensure that the person in charge of any special event shall carry the permit on his/her person or otherwise have the permit immediately available upon demand.
C. Each permittee shall ensure the area used for the permitted event is immediately cleaned and restored to the same condition as existed prior to the event.
D. Each permittee shall comply with all applicable local, state and federal laws, rules and regulations, including, but not limited to, this chapter, the California Fire Code and all State Fire Marshal requirements. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.170 Unlawful to sponsor, authorize or participate in an event without a permit or notice.
A. It is unlawful for any person to sponsor or conduct a special event requiring a permit under Section 5.58.040, unless a permit has been issued for the event.
B. It is unlawful for any person to participate in a special event with the knowledge that the city has not issued the sponsor of the event the required permit. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.180 Unlawful to exceed scope of permit.
The permit authorizes the permittee to conduct only the event(s) described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee to willfully violate the terms and conditions of the permit, or for any participant with knowledge thereof to willfully violate the terms and conditions of the permit. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.190 Revocation of permit.
A. The director, building official, chief of police, fire chief and/or chief of public utilities may revoke a permit upon a finding that any term, condition, restriction or limitation of such permit has not been complied with, including the timely payment of all required deposits, or if he/she finds that, as a result of changed circumstances, any one or more of the grounds for denial specified in Section 5.58.080 are present. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the city council from any such revocation may be taken as specified in Section 5.58.100.
B. The director, building official, chief of police, fire chief and/or chief of public utilities may revoke a permit and close a special event prior to the expiration of the permit in the event of the occurrence of a riot, major disorder or serious breach of the peace or a violation of the permit when, in his/her opinion, it is necessary to prevent injury to persons and/or to property. (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))
5.58.210 Violation—Penalty.
All violations of the provisions of this chapter are misdemeanors, punishable as set forth in Section 1.24.020 (Misdemeanor—Penalty) and subject to administrative citations as set forth in Chapter 1.28 (Administrative Citations). (Ord. 22-14 § 3 (Exh. A); Ord. 08-04 § 1 (part))