Chapter 10.65
PUBLIC GATHERING AND EXPRESSION EVENTS
Sections:
10.65.050 Public gathering and expression event.
10.65.060 Repealed by Ord. 2022-05.
10.65.070 Exceptions for spontaneous events.
10.65.100 Contents of application.
10.65.120 Action on application.
10.65.140 Consultation with other departments.
10.65.150 Notification of grounds for denial or conditions.
10.65.160 Notice of intended action.
10.65.170 Denial of late application.
10.65.180 Expedited action on application.
10.65.190 Grounds for denial of application for a public gathering and expression event permit.
10.65.200 Conditional approval.
10.65.240 Revocation by permit officer.
10.65.250 Reasons for revocation stated.
10.65.260 Appeal of permit revocation.
10.65.270 Revocation during public gathering and expression event.
10.65.280 Emergency revocation.
10.65.290 Doubts resolved against revocation.
10.65.300 Compatibility with state and federal law and constitutions.
10.65.010 TITLE.
This chapter shall be known as the city of Santa Cruz public gathering and expression events ordinance.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.020 PURPOSE AND INTENT.
This chapter establishes the standards for the issuance of a permit for public gathering and expression events on public property in the city of Santa Cruz. Its purpose is to promote public safety and welfare, to provide the city with a minimum amount of time to logistically accommodate public gathering and expression events, to assure that the First Amendment rights of those who wish to peacefully participate in public gathering and expression events on city of Santa Cruz public property are preserved and protected, and to assure reasonable access to public property by other community members not involved in the event.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.030 VIOLATIONS.
(a) It shall be an infraction for any person to conduct a public gathering and expression event, as defined in Section 10.65.050, unless a permit required under this chapter has been issued for the event.
(b) It shall be an infraction for any person to participate in a public gathering and expression event, as defined in Section 10.65.050, with the knowledge that a permit has not been issued for the event.
(c) It shall be an infraction for a public gathering and expression event permittee to willfully violate the terms and conditions of the event’s permit, or for any event participant to knowingly and willfully violate the terms or conditions of the permit.
(d) It shall be an infraction for any person to hamper, interfere with, obstruct or impede any public gathering and expression event which has been permitted under this chapter.
(e) When the public gathering and expression event permitted is a march on sidewalks, it shall be an infraction to knowingly drive any vehicle, including bicycles and skateboards, between the persons participating in the march unless it is done at the direction of a police officer, or an authorized security person or monitor.
(f) It shall be a misdemeanor for a public gathering and expression event participant to fail or refuse to comply with a revocation order made pursuant to Section 10.65.240, 10.65.270, or 10.65.280.
(g) Any violation of this chapter, in addition to the penalties set forth in this section, is hereby declared a public nuisance and may be abated by any method authorized under Title 4 including, but not limited to, by civil injunction in accordance with Section 4.04.020.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.040 DEFINITIONS.
As used in this chapter, the following terms and phrases shall have the following definitions:
(a) “Applicant” or “organizer” shall mean any person who, or organization which, seeks a public gathering and expression event permit to conduct, hold, plan, promote, produce, or sponsor an event governed by this chapter.
(b) “Public gathering and expression” means and denotes any political, civic, religious or other public activity intended primarily for the communication of ideas.
(c) “Permittee” shall mean any person or organization issued a public gathering and expression event permit.
(d) “Sponsor” shall mean any person who, or organization which, furnishes some or all of the costs associated with a public gathering and expression event. An event sponsored or co-sponsored by the city is not exempt from the provisions of this chapter.
(e) “Permit officer” shall refer to the city employee designated by the director of parks and recreation.
(f) “Permit” shall refer to a public gathering and expression event permit.
(g) “Event” shall refer to a public gathering and expression event.
(h) “Director” shall refer to the director of parks and recreation, unless specified otherwise.
(i) “Commission” shall refer to the parks and recreation commission.
(j) “Secretary” shall refer to the secretary of the parks and recreation commission.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.050 PUBLIC GATHERING AND EXPRESSION EVENT.
(a) Permits are generally not required for public gathering and expression events, except a permit issued pursuant to this chapter is required for public gathering and expression events that:
(1) Are scheduled to take place on public property; on a city sidewalk, alley or other right-of-way; within a city park, city beach, or other city-owned open space; and/or at a city facility;
(2) Will last for more than an hour in duration; and
(3) Meet at least one of the following criteria. The event:
(A) Is likely to obstruct, delay or interfere with the normal flow of vehicular or pedestrian traffic; and/or
(B) Due to the crowd it generates, restricts access to or use of sidewalks, parks, beaches or other public areas; and/or
(C) Will result in the placement of structures or objects on streets, sidewalks, or other pedestrian walkways exceeding twelve square feet in size or six feet in height; and/or
(D) Is conducted on a regularly scheduled basis at a single location for more than four consecutive days per week; and/or
(E) Will have more than seventy-five participants; and/or
(F) Will require additional temporary toilet and sanitary facilities; and/or
(G) Will occupy areas that are marked as by reservation only in a city park, beach, or open space; and/or
(H) Will occupy or negatively impact sensitive habitats of a city park, beach, or open space; and/or
(I) Event organizers and attendees will occupy more than twenty-five percent of a usable area of a city park, beach, or open space.
(b) Displays and/or gatherings that are scheduled for longer than one day, which are scheduled overnight, or which require a street closure shall be governed by Chapter 10.64.
(c) Rallies and/or marches to be conducted on a city street rather than a city sidewalk require a street closure and are subject to the conditions of Chapter 10.64.
(d) Events of a commercial nature, including the advertisement or promotion of products, goods, or services, are subject to the conditions of Chapter 10.64.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.060 Repealed by Ord. 2022-05.
10.65.070 EXCEPTIONS FOR SPONTANEOUS EVENTS.
A permit is not required for spontaneous events which are occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event and may be conducted in the City Hall courtyard or at the Town Clock without the organizers first having to obtain a permit. If practicable, the organizers should give notice to the permit officer at least four hours prior to the event, informing the city of the date and time of the event and providing an estimate of the approximate number of persons who will be participating. Events which require advance planning such as recreation events, competition/contests/spectator sports, fairs, festivals, carnivals, ticketed events, sales/trade shows, recurring events, or events which require a permit from building and safety or the fire department for the placement of structures are not considered “spontaneous events” under this section.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.080 APPLICATION.
Any person desiring to conduct an event for which a permit is required pursuant to this chapter shall apply for a permit by filing a verified application with the permit officer 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 three business days but not more than six months prior to the commencement date of the event. Applicable fees related to the event may be required in an amount established by the director consistent with the resolution and policy of the city council.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.090 LATE APPLICATION.
Upon a showing of good cause, the permit officer shall consider a late application if there is sufficient time to process and investigate the application and possible impact on city services for the event. The permit officer shall make the determination of good cause and, in doing so, shall resolve all doubts in favor of allowing application to be made.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.100 CONTENTS OF APPLICATION.
The event permit application may require the following information in addition to other information deemed necessary in the interest of public health, safety, and welfare:
(a) Name, address, home, mobile phone and business telephone numbers of the applicant and the person who will be present and in charge of the event;
(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 permit by an officer of the organization may also be required;
(c) Nature or purpose of the event;
(d) Date and estimated starting and ending time of the event;
(e) Location of the event, including its boundaries, and/or assembly and disbanding locations for walks/marches;
(f) Estimated number of participants in the event;
(g) Type and estimated number of vehicles or structures which will be used at the event and information as to whether there will be sponsor-provided water or emergency aid stations at the event;
(h) Description of any sound amplification equipment which will be used at the event;
(i) Whether any food or beverages, including alcoholic beverages, will be sold at the event;
(j) Whether monitors will be deployed at the event;
(k) Anticipated parking needed for participants, including accessible parking for disabled persons;
(l) Anticipated security and/or police requirements necessitated by the event;
(m) Anticipated toilet and sanitary requirements necessitated by the event;
(n) Anticipated road closures or barriers necessitated by the event; and
(o) Additional information to comply with city rules, policies, and all other applicable local, state, and federal statutes and regulations.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.110 ADDITIONAL INFORMATION REQUIRED FOR PUBLIC GATHERING AND EXPRESSION EVENTS OCCURRING ALONG A PLANNED ROUTE, AND/OR ENTAILING A MARCH OR A RALLY.
When the event is a rally and/or march on city sidewalks, the application shall contain the following information:
(a) The assembly point for the event and the time when participants will begin to assemble;
(b) The proposed sidewalk route to be traveled;
(c) Material and maximum size of any signs or banners to be carried along the route; and
(d) Anticipated number of adult monitors.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.120 ACTION ON APPLICATION.
The city’s permit officer shall approve, conditionally approve, or deny an event permit application on the grounds specified in Section 10.65.190, and consistent with this chapter.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.130 TIME FOR ACTION.
Action on the permit application shall be expeditious and in no case later than five business days after the permit officer receives a completed event application form. The maximum five business days action period may be extended by agreement between the applicant and the permit officer. As used in this section the term “action” means approval, conditional approval, or denial of the permit.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.140 CONSULTATION WITH OTHER DEPARTMENTS.
Prior to approving, conditionally approving or denying the permit application, the city’s permit officer shall consult with all city departments which may be impacted by the proposed event.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.150 NOTIFICATION OF GROUNDS FOR DENIAL OR CONDITIONS.
If the permit officer decides to deny or conditionally approve the permit application, the permit officer shall inform the applicant in writing of the grounds for denial or the conditions of 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. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.160 NOTICE OF INTENDED ACTION.
Prior to notifying the 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, as necessary, of the intended action.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.170 DENIAL OF LATE APPLICATION.
If the permit officer determines that good cause to consider a late application does not exist under Section 10.65.090, within two business 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. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.180 EXPEDITED ACTION ON APPLICATION.
The time limitations for action set forth in this chapter 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 demonstration would be frustrated if not conducted at or before a certain date and time, the permit officer, if possible, shall expedite the action required by this chapter so as to assure that the action is taken prior to the date and time of the proposed event.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.190 GROUNDS FOR DENIAL OF APPLICATION FOR A PUBLIC GATHERING AND EXPRESSION EVENT PERMIT.
An event permit application may be denied only if it is determined from a consideration of the application and other pertinent information that one or more of the following circumstances exist:
(a) The application was submitted less than three business days prior to the event date;
(b) Information contained in the application is found to be materially false or misleading;
(c) The applicant failed to complete the application form after having been notified of the need to do so;
(d) The permit officer has already received an application for another 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, and/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 traffic congestion;
(f) The concentration of persons, vehicles and/or structures at the site of the event, or its assembly and disbanding areas, is reasonably likely to prevent proper police, fire, or ambulance service 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 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 participants with the number of police officers normally assigned to the requested area;
(h) The location of the event is likely to substantially interfere with construction or maintenance work previously scheduled to take place upon or along city streets, or to interfere with the exercise of a previously granted encroachment permit;
(i) The event is likely to occur at a time when a school 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;
(j) The event will occur on a route or location in the vicinity of a hospital or extended care facility and the noise created by the event will substantially disrupt the operation of the hospital or extended care facility or disturb the patients within;
(k) Event participants did not comply with conditions imposed in connection with similar prior events; or
(l) The event will conflict with an event permitted under Chapter 10.64.
In determining whether or not the permit application should be granted or denied, the permit officer shall resolve all doubts in favor of granting the application.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.200 CONDITIONAL APPROVAL.
When the grounds for denial of an application for a permit can be obviated by altering the date, time, duration, route or location of the event, the permit officer, instead of denying the application, shall conditionally approve the application pursuant to Section 10.65.210. The city permit officer shall conditionally approve a permit application rather than deny the application whenever conditional approval is possible. If the event is a major public special event as defined by Chapter 10.64, the applicant will be required to apply for and obtain a permit under Chapter 10.64.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.210 PERMIT CONDITIONS.
When necessary to protect the safety of persons or property, or to provide for adequate traffic control, or provide reasonable public access to or use of sidewalks, parks, beaches, or other public areas, the permit officer may condition the issuance of a permit by imposing reasonable requirements concerning the time, place, and manner of the event. Such conditions may include, but are not limited to, the following:
(a) Reasonable alteration of the date, time, duration, route or location of the event;
(b) When the event is a march, conditions pertaining to:
1) The area of participant assembly and disbanding;
2) Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to the sidewalk or designated public area, or allowing for intermittent safe traffic flow through an event site;
(c) Requirements for provision of first aid, sanitary or emergency facilities;
(d) Requirements for use of event monitors and method for providing notice of permit conditions to event participants;
(e) Restrictions on the number or type of structures;
(f) Requirements for use of garbage containers, cleanup and restoration of public property;
(g) Reasonable restrictions on the use of amplified sound necessary to achieve compliance with Chapters 9.36 and 9.40;
(h) Compliance with any other applicable ordinances or laws;
(i) Restrictions on the service or sale of alcoholic beverages and any other edible or nonedible goods;
(j) Requirements for security personnel to be present when deemed necessary; and
(k) Requirement for the applicant to provide advance written notification to those residents residing along the event route or within the immediate vicinity of the event, including notification of parking restrictions necessitated by the event.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.220 PERMIT ISSUANCE.
The event permit shall be issued when:
(a) The application has been approved;
(b) The applicant has agreed in writing to comply with the terms and conditions of the permit; and
(c) 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. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.230 APPEAL PROCEDURE.
(a) To the Parks and Recreation Commission. Any applicant may appeal any decision or action taken pursuant to the authority of this chapter by the permit officer to the 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 legal 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.
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 event in question, its location and public impacts being proposed;
iii. A brief description of the general procedure for submission of comments;
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 bear 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 conditions, mitigations, or modifications to the permit, 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. Members of the city council shall be exempt from the appeal fee specified in Chapter 1.16 when acting in their official capacity. 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 city council prior to the date on which the 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. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.240 REVOCATION BY PERMIT OFFICER.
The permit officer may revoke a permit at any time if:
(a) An emergency arises making it impossible to assign sufficient or appropriate personnel to the event so as to assure public safety; or
(b) Information is obtained after the permit is issued from which it may be reasonably concluded that the permit should have been denied under Section 10.65.190.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.250 REASONS FOR REVOCATION STATED.
If the permit officer revokes a permit the applicant shall be informed in writing of the grounds for revocation.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.260 APPEAL OF PERMIT REVOCATION.
The applicant may appeal a revocation in the manner provided for in Section 10.65.230 in all cases except where the revocation is based on an emergency and there is insufficient time available to present or schedule an appeal.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.270 REVOCATION DURING PUBLIC GATHERING AND EXPRESSION EVENT.
A police officer or city staff may revoke the event permit during the event if he or she finds either:
(a) That the event has deviated from or will deviate from its approved route or area; or
(b) Event participants are violating the law or permit conditions. City staff shall not revoke the permit for either of these reasons unless the 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. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.280 EMERGENCY REVOCATION.
A police officer or city staff may revoke an event permit during the event if fire or another emergency requires the event to be terminated to assure public safety. When a permit is revoked for this reason, all event participants must immediately comply with the city staff instructions.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.290 DOUBTS RESOLVED AGAINST REVOCATION.
In determining whether or not a permit should be revoked, all doubts shall be resolved in favor of allowing the event to proceed.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.300 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 statutory and decisional law of the state of California and the United States.
(Ord. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).
10.65.310 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. 2022-05, 2022; Ord. 2021-13, 2021; Ord. 2013-24 § 2 (part), 2013).