Chapter 10.64 MAJOR PUBLIC SPECIAL EVENTS

This chapter establishes the standards for the issuance of a permit for community events of a commercial nature which use city streets, parks, open space, facilities or services. Its purpose is to promote public safety and welfare and to provide the city with time to logistically accommodate major public special events.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.030 VIOLATIONS.

(a) It shall be an infraction for any person to sponsor or conduct any major public special event, as defined at Section 10.64.050, unless an event permit required under this chapter has been issued for the event.

(b) It shall be an infraction for any person to participate in a major public special event with the knowledge that the sponsor of the major public special event has not been issued an event permit.

(c) It shall be an infraction for a major public special event permittee or sponsor to willfully violate the terms and conditions of the major public special event permit, or for any major public special event participant to knowingly and willfully violate the terms or conditions of the major public special event permit.

(d) It shall be an infraction for any person to hamper, interfere with, obstruct or impede any major public special event which has been permitted under this chapter.

(e) When the major public special event permitted is a race, parade or other type of procession on city streets or sidewalks, it shall be an infraction to knowingly drive a vehicle or bicycle between the persons or vehicles comprising the race, parade or procession unless it is done at the direction of a police officer, authorized security person or event monitor in charge of traffic control.

(f) It shall be an infraction for any person to park or leave unattended a vehicle in violation of the parking control signs posted pursuant to Section 10.64.330. It shall be an infraction for any person to remove any such parking control signs after the signs are posted and prior to the completion of the major public special event. No person shall be in violation of this section for parking or leaving unattended a vehicle on an unposted street.

(g) It shall be a misdemeanor for a major public special event participant to fail or refuse to comply with a revocation order made pursuant to Section 10.64.300.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.040 DEFINITIONS.

As used in this chapter, the following terms and phrases shall have the following definitions:

(a) “Applicant” shall mean any person or organization seeking a major public special event permit to plan, promote, produce, or sponsor an event governed by this chapter. An applicant must be at least eighteen years old.

(b) “Commission” shall mean the parks and recreation commission.

(c) “Gross profit” shall mean excess of price received over price paid for goods/services before deductions are made for cost of event or its operation.

(d) “Application fee” shall mean the fee to be paid by the major public special events permit applicant at the time the application is filed. The permit application fee is a nonrefundable application processing fee.

(e) “Permittee” shall mean any person or organization issued a major public special events permit.

(f) “Permit officer” shall refer to the city employee designated by the director of parks and recreation.

(g) “Director” shall refer to the director of parks and recreation, unless specified otherwise.

(h) “Secretary” shall refer to the secretary of the parks and recreation commission.

(i) “Major public special event,” as used in this chapter, shall be as defined in Section 10.64.050.

(j) “Right-of-way” shall be as defined in Section 525 of the State of California Vehicle Code.

(k) “Sponsor” shall be defined as an individual or organization that furnishes some or all of the costs associated in staging a major public special event in return for advertising. An event sponsored or co-sponsored by the city is not exempt from the provisions of this chapter.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.050 MAJOR PUBLIC SPECIAL EVENT.

Major public special events may include, but are not limited to: concerts, markets, carnivals, fairs, festivals, athletic events, ticketed events, sales/trade shows, and other community events.

(a) As used in this chapter, a major public special event is any major event or public assembly that:

1) Meets any of the criteria in subsection (b);

2) Is scheduled to take place on, or will be conducted contiguous to, a city street, sidewalk, alley or other right-of-way; and

3) Involves a commercial activity to generate financial gain for its sponsor or participants by advertising, promoting, or selling products, goods or services to members of the public in attendance with or without fees charged.

(b) Major public special events meet any of the following criteria:

1) A significant burden on public infrastructure (such as facilities, streets, sidewalks or access ways), resources or staffing and/or to the community or general public is anticipated based upon information submitted in the application;

2) A crowd of sufficient size may be generated, restricting access to parks, beaches or other public areas;

3) The normal flow of traffic may be obstructed, delayed or interfered with;

4) A crowd of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic;

5) Street closures are requested or required;

6) Substantial city staff, services, facilities or equipment are requested or required;

7) A public assembly is sufficiently significant to impact public health, safety, and/or welfare; or

8) A public assembly is sufficiently significant in impact but does not fall within the purview of Chapter 10.65.

1) All exceptions listed in Section 10.64.070;

2) An event scheduled to take place at the Boardwalk on a recreational easement granted to the city by the owner of private property;

3) An event scheduled to take place on private property, including but not limited to an owner of private property who has an amusement class business license to conduct an amusement business on said property;

4) An event scheduled to take place on public property which, in the discretion of the permit officer, will not obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic or cause a significant impact on public resources, or otherwise does not meet the criteria for a major public special event; and

5) Events that occur solely in indoor facilities.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.060 PERMIT REQUIRED.

Any person intending to conduct or sponsor a major public special event in the city of Santa Cruz shall first apply for a major public special event permit from the permit officer.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.070 EXCEPTIONS.

A major public special event permit is not required for the following events:

(a) Vehicular funeral processions.

(b) A march or procession involving fewer than fifty persons and which meets the following conditions:

1) Participants will march only on sidewalks;

2) Participants will cross streets only at intersections and/or crosswalks in units of twenty-five or less, allowing normal traffic flow and/or vehicles to pass between each unit;

3) Participants will obey all traffic controls and regulations, and not obstruct, delay, or interfere with traffic; and

4) Street closures are not requested or required.

(c) Block parties, which are neighborhood gatherings requiring closure of a street or streets or portions thereof to vehicular traffic, require the submission of a block party permit application for approval by the permit officer, subject to any reasonable conditions imposed by the director and the payment of any fees that the director may establish consistent with city council resolution, instead of a major public special event permit.

(d) Filming on public property, which does not require a street closure, requires the submission of a film permit application for approval by the permit officer, subject to any reasonable conditions imposed by the director and the payment of any fees that the director may establish consistent with city council resolution, instead of a major public special event permit.

(e) Minor public events, which meet the criteria set forth in both Sections 10.64.050(a)(2) and (a)(3), but do not meet any of the criteria set forth in Section 10.64.050(b), require the submission of a minor public permit application for approval by the permit officer subject to any reasonable conditions imposed by the director and the payment of any fees that the director may establish consistent with city council resolution, instead of a major public special event permit.

(f) Private special events, as defined in Section 10.64.080, which are permitted through the parks and recreation department.

(g) The permit officer determines that Chapter 10.65 or another section governs the event.

(h) Spontaneous, unorganized assemblies which are neither sponsored, organized, promoted nor advertised by any person or organization coming into public knowledge less than forty-eight hours prior to such event.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.080 PRIVATE SPECIAL EVENTS – EXCLUSIVE USE OF CITY PARKS, BEACH AREAS, OR FACILITIES.

(a) Private special events are held exclusively in a city park, beach area, or city facility, not open to the general public, and will not cause an impact as described in Section 10.64.050. City parks, beach areas, and city facilities may be made available for the exclusive use of persons or groups, for a limited period, upon issuance of a private special event permit by a permit officer, subject to any reasonable conditions imposed by the director or city council and the payment of any fees that the director may establish consistent with city council policy and resolution. A major public special event permit is not required for such an event, except as stated in subsection (b).

(b) A major public special event permit shall be required for an event scheduled to be conducted exclusively within a city park, beach area, or city facility as defined in subsection (a) if the permit officer determines that the event nonetheless has the potential to cause an impact such as that described in Section 10.64.050.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.090 PERMIT APPLICATION.

(a) Any person seeking to conduct a major public special event for which a permit is required pursuant to this chapter shall apply for a major public special event permit by filing a verified application on a form as approved by the director, which may be updated from time to time to comply with this chapter, city policies, and applicable rules. All applications shall be submitted in accordance with the requirements of this chapter at least sixty days prior to the scheduled commencement date for the major public special event, but not more than twelve months prior to the commencement date, except for multi-year permit applications.

(b) Multi-year permit applications may be accepted for consideration at the discretion of the permit officer and in consultation with other city staff, as determined by the permit officer. In the first year of implementation of multi-year permits, the permit officer may retroactively grant a multi-year permit for up to two future years upon a finding of historical regular compliance and acceptable performance under past permits and associated conditions of use.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.100 LATE APPLICATION.

The permit officer may consider an application which is filed after the filing deadline if, in the permit officer’s discretion, there is sufficient time to process and investigate the application and obtain city services for the event.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.110 APPLICATION FEE.

An application for a permit to conduct an event shall be accompanied by a nonrefundable permit application fee in an amount established by the director consistent with the resolution or policy of the city council.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.120 CONTENTS OF APPLICATION.

An applicant for a major public special event permit shall be required to provide the following information, including, but not be limited to:

(a) The name, address, home, mobile and business telephone numbers, email address of the applicant and an alternative responsible person who may be contacted if the applicant is unavailable;

(b) If the event is to be sponsored by an organization, the name, address and telephone number of the organization and representative of the organization. If requested by the permit officer, written authorization to apply for the major public special event permit by an officer of the organization may also be required;

(c) The name, address and telephone numbers of the person who will be present and in charge of the major public special event on the day of the event;

(d) The nature or purpose of the major public special event;

(e) The date and estimated starting and ending time of the major public special event;

(f) Location of the major public special event, including its boundaries;

(g) Estimated number of participants in the major public special event;

(h) The type and estimated number of vehicles, animals or structures which will be used in the major public special event and information as to whether there will be applicant-provided water or emergency aid stations at the major public special event;

(i) Description of any sound amplification equipment which will be used in the major public special event for which a sound amplification permit is required by Chapter 9.40;

(j) Whether any food or beverages, including alcoholic beverages, will be sold at the major public special event;

(k) If alcoholic beverages are to be served, proof of the sponsor’s Alcoholic Beverage Commission license to serve alcoholic beverages;

(l) Whether monitors will be deployed by the applicant at the event;

(m) A description of accessibility for disabled persons at the major public special event;

(n) Anticipated parking needed for participants, including accessible parking for disabled persons;

(o) Security and/or police needs created by the major public special event;

(p) Estimation of admissions tax to be collected;

(q) Additional information relating to the event as determined by the city to be necessary for the enforcement and administration of this chapter and/or to protect the public safety, health, and welfare;

(r) Additional information to comply with city rules, policies, and all other applicable local, state, and federal statutes and regulations.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.130 PLANNED ROUTE EVENTS.

In addition to that information called for in Section 10.64.120, applications for events scheduled to occur along a planned route shall contain the following information:

(a) The assembly point for the major public special event and the time when participants and vehicles will begin to assemble;

(b) The proposed route to be traveled;

(d) The intervals of space to be maintained between animals, vehicles or other units participating in the major public special event;

(e) The number, types, and size of floats, if any; and

(f) Material and maximum size of any signs or banners to be carried along the route.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.140 SUPPLEMENTAL INFORMATION.

The permit officer may require the applicant to provide any supplemental information which is deemed necessary to determine whether the major public special event permit applied for should be granted or denied.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.150 ACTION ON APPLICATION.

(a) The permit officer shall conditionally approve, approve, or deny a major public event permit application on the grounds specified in this chapter.

(b) In conjunction with the approval of a major public special event permit application, the permit officer, upon consultation with appropriate city staff, shall be authorized to approve commercial sales conducted in connection with the event and, in consultation with the chief of police, shall also be authorized to approve temporary street closures, temporary traffic arterial modifications and temporary no parking/tow away zones necessary for public health, safety and welfare relating to the major public special event.

(c) The permit officer, in consultation with the director of parks and recreation, may impose additional conditions and restrictions relating to the event in the interest of public health, safety, and/or welfare.

(d) The director may promulgate administrative policies and procedures that govern issuance of a permit, including, but not limited to, when multiple applicants seek to hold an event on the same date or set of dates in the same or proximate location; reasonable limits on number, duration and size of events held within each month or year in all or parts of the city; and other policies aimed at balancing the impacts of major public special events with resources to manage such events, and with the needs of residents and other visitors to the city.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.160 TIME FOR ACTION.

Action on the major public special event permit application shall be expeditious and in no case later than thirty business days after the permit officer receives a completed application pursuant to this chapter. The maximum thirty-day action period may be extended by agreement between the applicant and the permit officer. As used in this section the term “action” means conditional approval, approval, denial of the permit, or a request for supplemental information pursuant to Section 10.64.140.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.170 CONSULTATION.

Prior to conditionally approving, approving or denying the major public special event permit application, the permit officer may consult with other city departments which may be impacted by the proposed major public special event.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.180 WRITTEN RESPONSE.

If the permit officer decides to deny or conditionally approve the major public special event permit application, the permit officer shall inform the applicant in writing of the grounds for denial or the conditions imposed for approval. The permit officer shall further inform the applicant of his or her right to appeal. This information shall be provided at the time of the decision. If the permit officer relied on information about the event other than that contained in the application, the permit officer shall inform the applicant of the additional information considered.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.190 INTENDED ACTION.

Prior to notifying the major public special event permit applicant of the action to be taken on the applicant’s permit, the permit officer shall advise the impacted departments or divisions or their designees of the intended action.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.200 DENIAL OF LATE APPLICATION.

If the permit officer determines that good cause to consider a late application does not exist under Section 10.64.100, within ten normal working days of receipt of the late application, the permit officer shall inform the applicant of the reason for the determination regarding lack of good cause and of the applicant’s right of appeal.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.210 GROUNDS FOR DENIAL OF APPLICATION FOR A MAJOR PUBLIC SPECIAL EVENT PERMIT.

A major public special event permit application may be denied if it is determined from consideration of the application and other pertinent information that one or more of the following circumstances exist:

(a) When pursuant to Section 10.64.100 the permit officer considers a late application and determines that there is insufficient time to process and investigate the application and obtain city services for the event;

(b) The applicant fails to complete the application form after having been notified of the need to do so or fails to provide supplemental information or documents requested by the permit officer;

(c) Information contained in the application, or supplemental information requested from the applicant, is found to be materially false or misleading;

(d) The permit officer has already received an application or issued a permit for another major public special event at the same time and place as that requested by the applicant, or is so close in time or proximity as to cause undue traffic congestion, or the police department or any other city department to be unable to meet the needs for services at both with the normal complement of staff;

(e) The time, route, or size of the event is likely to substantially interrupt the safe and orderly movement of traffic in the vicinity of the event site or route, or to disrupt the use of a street at a time when it is usually subject to significant traffic congestion;

(f) The concentration of persons, animals and vehicles at the site of the major public special event, or its assembly and disbanding areas, is reasonably likely to prevent proper police, fire, or ambulance services to areas in the vicinity of the event;

(g) The event is reasonably likely to require diversion of so many city police officers to ensure that participants stay within the boundaries or route of the major public special event, or to protect participants and spectators, that normal protection to the rest of the city will be unreasonably compromised. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officers normally assigned to the requested area;

(h) If the major public special event is a parade, race or other type of procession, and is not likely to move from its point of origin to its point of termination in less than eight hours;

(i) The location of the major public special event is likely to substantially interfere with construction or maintenance work previously scheduled to take place upon, along, or adjacent to city streets, or to interfere with the exercise of a previously granted encroachment permit, or other applicable permit;

(j) The major public special event is likely to occur at a time when a school or child care facility is in session, and at a route or location in the vicinity of a school, and the noise created by the event will substantially disrupt the educational activities of the school or child care facility;

(k) The major public special event has a prior history of creating conditions that jeopardize the peace and safety of the citizenry;

(l) The major public special event will occur on a route or location in the vicinity to a hospital or extended care facility and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within;

(m) The applicant has previously violated major public special event permit conditions imposed as a condition precedent to conducting a major public special event in the city of Santa Cruz;

(n) Event participants did not comply with conditions imposed in connection with similar prior events;

(o) The event will conflict with an event permitted under Chapter 10.65, or other applicable permit;

(p) One or more of the conditions of approval in Section 10.64.230 is not met; or

(q) The event is not in the interest of public health, safety and/or welfare.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.220 CONDITIONAL APPROVAL.

When the grounds for denial of an application for a permit specified in Sections 10.64.210(e) through (l) can be corrected by altering the date, time, duration, route, or location of the event, the permit officer, instead of denying the application, may conditionally approve the application pursuant to Section 10.64.230. The conditions imposed shall modify the proposed major public special event to the extent necessary to achieve compliance with Sections 10.64.210(e) through (l).

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.230 PERMIT CONDITIONS.

The permit officer may condition the issuance of a major public special event permit by imposing reasonable requirements concerning the time, place, duration and manner of the event, and any other requirements which are necessary to protect the safety of persons and property, and to provide for adequate traffic control. Such conditions may include, but are not limited to, the following:

(a) Alteration of the date, time, route or location of the major public special event;

(b) When the major public special event is a parade, race or other procession, conditions pertaining to the area of participant assembly and disbanding;

(c) Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the major public special event to only a portion of a street, or allowing for intermittent traffic flow through an event site when safe to do so;

(d) Requirements to furnish, place and remove traffic cones and/or barricades. Traffic cones and/or barricades are not furnished by the city;

(e) When the major public special event is a parade, race or other procession, conditions pertaining to the periodic interruption of the major public special event to allow for the flow of intermittent traffic across the parade, race or procession route;

(f) Requirements for provision of first aid, sanitary or emergency facilities;

(g) Requirements for use of adult event monitors and some method for providing notice of permit conditions to event participants;

(h) Restrictions on the number or type of vehicles, animals, structures and decorated vehicles for fire safety as required by the Santa Cruz fire department;

(i) Compliance with animal protection ordinances and laws;

(j) Requirements for use of garbage containers, cleanup and restoration of city property;

(k) Restrictions on use of amplified sound;

(l) Compliance with any other applicable ordinances or laws pertaining to required permits or licenses;

(m) Restrictions, including prohibition, on the sale and consumption of alcoholic beverages and other sale of edible or nonedible goods;

(n) Requirement for security personnel to be present;

(o) Requirement for reimbursement of exceptional city expenses necessitated by the additional personnel, if any, required to provide adequate public safety services, maintenance and other services to the city of Santa Cruz during the event;

(p) Requirement for a deposit to be applied to the expense of additional city personnel required to be in attendance;

(q) Requirement for the applicant to provide advance written notification to those residents living along the event route or within the immediate vicinity of the event, including notification of parking restrictions necessitated by the event, or to provide public notification as may be necessitated by the event;

(r) Requirement to use and compensate a licensed tow company for removal of vehicles parked on a legally posted parade, race or procession route;

(s) Reimbursement for estimated lost parking meter revenues; or

(t) Requirement to provide or sponsor shuttle services to mitigate anticipated parking and traffic impacts.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.240 PERMIT ISSUANCE.

The major public special event permit shall be issued when the application has been approved, the applicant has agreed in writing to comply with the terms and conditions of the permit, all fees have been paid, and all other applicable requirements of this chapter have been satisfied. The permit is not assignable or transferable. The permit does not entitle the permittee to any vested property rights.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.250 APPEAL PROCEDURE.

(a) To Commission. Any applicant or permittee may appeal a decision or action of the permit officer made pursuant to this chapter to the parks and recreation commission according to the following rules and regulations:

1) A written notice of appeal, together with the appropriate appeal fee as set by city council resolution, must be received by the secretary of the commission not later than ten calendar days following the date of the decision or action from which such appeal is being taken. If the final day for filing an appeal occurs on a weekend day or holiday, the final filing date shall be extended to the next following business day.

2) The appellant shall state the basis for the appeal and shall specifically cite the provision of this chapter which is relied upon to appeal the action or decision of the permit officer. The appeal must be signed by the appellant or appellant’s representative and must set forth the mailing address to which the secretary of the commission may direct the notice of a hearing.

3) Upon receipt of the appeal, the secretary of the commission shall schedule the matter for a public hearing at the next regularly scheduled business meeting, but not sooner than ten business days after receipt and no more than sixty days after the filing of the appeal.

4) Notice of the public hearing shall be sent by first class mail to the permit applicant and appellant at least ten calendar days prior to the hearing. All notices shall include:

i. The time, place and date of the public hearing;

ii. A brief description of the matter to be considered including a concise description of the major public special event in question, its location and public impacts being proposed;

iii. A brief description of the general procedure for submission of comments; and

iv. The date of the filing of the permit application and the name of the applicant.

5) The commission shall consider the appeal de novo at a hearing. The appellant shall have the burden of proof to establish the basis for seeking a reversal of the action or decision by the permit officer.

6) The commission shall make findings of fact on which it bases its action. The commission may grant the appeal, including requiring any conditions, mitigations, or modifications; deny the permit or allow for a modified version of the major public special event as outlined in the permit application; or deny the appeal; or issue other appropriate decision or relief.

7) The decision of the commission shall be final unless appealed to the city council by the permit applicant or permittee under Chapter 1.16.

(b) To City Council. An applicant or permittee may appeal any decision or action taken pursuant to the authority of this chapter by the commission to the city council pursuant to Chapter 1.16. The city council’s decision shall be final.

(c) To City Manager. If there is insufficient time for a timely appeal to be heard by the parks and recreation commission or the city council prior to the date on which the public event is scheduled, the applicant may, at the applicant’s option, request that the city clerk schedule the appeal before the city manager. The city manager or designee shall hold a hearing no later than two business days prior to the time the event is scheduled to commence, and will render a decision as soon as practicable and in no case later than the time the event is scheduled to commence. The city manager’s decision shall be final.

The time limitations set forth in this section are not to be construed as absolute when time is of the essence. To that end, when it is apparent that the purpose of the event would be frustrated if not conducted at a certain date and time, the director or city manager, if possible, shall expedite the appellate process so as to assure a ruling on the appeal prior to the date and time of the proposed event.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.260 ADDITIONAL EVENT-RELATED FEES.

When, pursuant to this chapter, a major public special event takes place within the city on public property, in addition to the permit application fee, the city shall assess:

(a) A commercial use fee on all gross profits generated by the major public special event in an amount to be set by city council resolution, unless otherwise exempt per city council Resolution No. NS-26,231, wherein commercial use fees are not assessed with respect to recurring regularly scheduled events occurring nine or more times per year;

(b) Other additional fees and charges related to the major public special event, including but not limited to: set-up/breakdown staffing fees, facility fees, inspection fees, marine safety fees, security and monitoring fees, permit noncompliance fees, parking and street closure notification fees, for the use of city streets or other city-owned or controlled property pursuant to this chapter as determined by the director and as authorized by the city council by policy or resolution.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.270 INDEMNIFICATION AGREEMENT.

Prior to the issuance of a major public special event permit, the permit applicant or the authorized officer of the sponsoring organization must sign an agreement to reimburse the city of Santa Cruz for any costs incurred in repairing damage to city property occurring in connection with the permitted event and proximately caused by the actions of the permittee or sponsoring organization, its officers, employees, or agents, or any person who was under the permittee’s or sponsoring organization’s control insofar as permitted by law. The agreement shall also provide that the permittee or sponsoring organization shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the city, its officials, officers, employees, agents, and volunteers against losses and liabilities incurred from the conduct of the permittee and other related parties, its officers, employees, agents, and others acting under the permittee’s direction or control, in a form approved by the city. The permit applicant or sponsoring organization may be required to have event participants sign a waiver agreeing to indemnify, defend, and hold harmless the city, and other specified city parties and agents, against losses and liabilities incurred from the conduct of the participants in a form approved by the city.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.280 INSURANCE.

Applicant/permittee must provide proof of satisfaction of insurance requirements as required by the city, including, but not limited to:

(a) Liability Insurance. The applicant and/or sponsor of a major public special event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. The insurance shall name on the policy, by endorsement, as additional insureds, the city of Santa Cruz, its officers, officials, employees, and agents and volunteers. Insurance coverage must be maintained for the duration of the event and the insurance company must provide the city with thirty days’ or other reasonable written notice of cancellation of the policy. Coverage provisions, including limits, shall otherwise be in accordance with city policy or as set by the risk manager.

(b) Products Liability Endorsement. If food or nonalcoholic beverages are to be sold or served at the major public special event, the policy must also include an endorsement for products liability in an amount set by city policy or council resolution. If alcoholic beverages are to be sold or served at the commercial event, the policy must also include an endorsement for liquor liability in an amount set by city policy or council resolution.

(c) Other Insurance. The applicant, permittee, and/or sponsor of a major public special event may be required to obtain other insurance that the city determines to be necessary under the circumstances.

(d) Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the city’s risk manager no less than twenty days before the date of the event. The major public special event permit shall not be issued by the permit officer until after the insurance policy or certificate of insurance along with necessary endorsements has been filed by the applicant or sponsor and approved by the city’s risk manager.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.290 WAIVER.

The city’s risk manager may determine that an indemnification agreement as provided for in Section 10.64.270 or some other form of waiver is satisfactory and that liability insurance is not necessary or that a smaller amount of liability insurance shall be required if all of the following are demonstrated to the risk manager’s satisfaction:

(a) The permit applicant cannot afford the insurance premium or cannot afford the premium for the amount of insurance ordinarily required;

(b) That none of the major public special event participants or sponsors will realize monetary profits as a result of their participation in the major public special event by way of sale of goods or merchandise;

(c) That the major public special event does not pose an unusual or peculiar risk of harm or injury to participants or spectators;

(d) Under no circumstances will the insurance requirement be waived or modified when the major public special event in question is an athletic event, carnival, car rally, soap box derby or music concert; and

(e) The city’s risk manager may, for good cause, waive the filing deadline for proof of insurance; however, proof must be provided prior to the issuance of the major public special event permit.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.300 REVOCATION BY PERMIT OFFICER.

The permit officer may revoke a major public special event permit at any time if:

(a) An emergency arises making it impossible to assign sufficient or appropriate personnel to the event to protect public safety; or

(b) Information is obtained after the permit is issued from which it may reasonably be concluded that the permit should have been denied under Section 10.64.210.

1) If the permit officer revokes a major public special event permit, the applicant shall be informed in writing of the grounds for revocation.

2) The applicant may appeal the revocation in the manner provided for in Section 10.64.250 in all cases except where the revocation is based on an emergency and there is insufficient time available to present or schedule an appeal prior to its revocation.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.310 REVOCATION DURING EVENT.

A police officer or other appropriate city staff assigned to oversee a major public special event may revoke the major public special event permit during the event if the officer or city staff finds either:

(a) That the event has deviated or will deviate from its approved route or area; or

(b) Event participants are violating the law or major public special event permit conditions.

The officer or city staff shall not revoke the major public special event permit for either of these reasons unless the officer or city staff first advises the participants of their route deviation, law violation or permit condition violation and provides them with an opportunity to correct same.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.320 EMERGENCY REVOCATION.

A police officer or city staff assigned to oversee a major public special event may revoke the major public special event permit during the event if fire or another emergency requires the event to be terminated to protect public safety. When a major public special event permit is revoked for this reason, all event participants must immediately comply with the officer’s instructions.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.330 PARKING CONTROL SIGNS.

When the major public special event permitted is a race, parade or other type of procession on city streets or sidewalks, the major public special event permittee or sponsor shall post parking control signs along the race, parade, or procession route at least seventy-two hours prior to the commencement of the race, parade, or procession if required by the major public special event permit. The parking control signs shall meet the standards set by the public works department. It is the responsibility of the permittee or sponsor to note the date(s) and the start and stop times of the parking restrictions on the parking control signs. The permittee or sponsor shall notify the special event office and/or the parking control division of the public works department fourteen days in advance of the event to cover parking meters subject to event parking restrictions. Any vehicle which is parked or left unattended in violation of the parking control signs may be towed.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.340 CLEANUP/SECURITY/NONCOMPLIANCE DEPOSIT.

At the permit officer’s discretion, the applicant or sponsor of a major public special event may be required to provide a cleanup/security/noncompliance deposit prior to the issuance of a major public special event permit. The cleanup/security/noncompliance deposit shall be in the amount established in a fee schedule for major public special events by the director as authorized by resolution of the city council.

(a) Refund. The cleanup/security/noncompliance deposit shall be refunded after the major public special event if the permittee has complied with conditions of use, the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event, and no damages need to be assessed for equipment, additional staff time or other factor arising from the event.

(b) City Cleanup Costs. If the area used for the permitted event is not cleaned and restored to its pre-event condition, the city will employ its personnel to restore the area to that condition. If the city’s actual cleanup cost is less than the applicant’s cleanup deposit, the applicant will be refunded the difference. Should the city’s cleanup cost exceed the amount of the cleanup deposit, the difference shall be due and payable to the city by the applicant upon the applicant’s receipt of the city’s invoice for the difference.

(c) Security/Noncompliance Deposit Assessment. If it is determined that an applicant did not comply with the conditions of use, including past special event permits, the security/noncompliance deposit will be assessed as determined by the permit office in consultation with other city staff. The permit officer is authorized to consider the unique circumstances and risks posed by the major public special event in determining the amount of the security/noncompliance deposit.

(d) Appeals. If the applicant or sponsor disputes the charges assessed under this section, he or she may appeal to the permit officer within ten days after receipt of the bill. The decision of the permit officer shall be final.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.350 COMPATIBILITY WITH STATE AND FEDERAL LAW AND CONSTITUTIONS.

It is the intention of the city council and the people of the city of Santa Cruz that this chapter shall be interpreted in a manner compatible with the State of California Constitution and the United States Constitution and the laws of the state of California and the United States.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).

10.64.360 SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, that holding shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses or phrases might be declared unconstitutional or invalid.

(Ord. 2021-13, 2021; Ord. 2013-23 § 2 (part), 2013).