Chapter 10.20
BEACH AREA SPECIAL EVENTS ORDINANCE
Sections:
10.20.050 Application for permit—Content.
10.20.060 Evaluation of application.
10.20.070 Action on application.
10.20.075 Conditions on permits.
10.20.090 Revocation of permit.
10.20.095 Appeal to the County Administrative Officer.
10.20.100 Penalties for violation.
10.20.010 Intent.
The Board of Supervisors finds that the assembling of large numbers of people on the various beaches in Santa Cruz County may create problems seriously affecting the public safety, health and welfare, and that there is a need for comprehensive regulations governing activities involving the assemblage of large numbers of people for special events such as concerts, festivals, large parties, carnivals, races and circuses on various County beaches, because such special events may cause significant public problems.
The Board of Supervisors declares that it is adopting the ordinance codified in this chapter in order effectively to ensure the public safety, health and welfare. [Ord. 3898 § 1, 1988].
10.20.020 Definitions.
(A) “County beaches area,” as used in this chapter, is defined as that area bounded by the Pajaro River to the south, the Pacific Ocean to the west; the first public road paralleling the Pacific Ocean to the east; the boundary between San Mateo County and the County of Santa Cruz to the north; and excluding those areas within the jurisdictions of the City of Santa Cruz and the City of Capitola.
(B) “Person,” as used in this chapter, shall include any individual, association, partnership or corporation, and shall include every individual acting as principal, agent or employee, either for himself or herself or for any other person, association, partnership or body corporate. For the purposes of this chapter, the singular shall include the plural, and vice versa.
(C) “Special event,” as used in this chapter, shall mean any activity that:
(1) May be reasonably expected to attract more than 200 persons at one time; and
(2) Impacts public places, areas or facilities including roads, beaches, paths or parks, and is inconsistent with daily routine operations and activities; and
(3) The scope and size of the activity do not typically occur in the area proposed for the special event.
The term “special event” shall include, but not be limited to, concerts, block parties, other large parties, festivals, carnivals, races and circuses. [Ord. 3898 § 1, 1988].
10.20.030 Permit required.
It shall be unlawful for any person to sponsor, conduct, promote or maintain any special event in the County beaches area without first obtaining the required permit. [Ord. 3898 § 1, 1988].
10.20.040 Exemptions.
(A) The provisions of this chapter shall not be construed to apply if:
(1) The activities of the special event are confined to the property of the sponsor or promoter; and
(2) The activities of the special event will not impact:
(a) The health, safety or welfare of adjacent or nearby residents, and
(b) Adjacent or nearby private or public property.
(B) Within the context of this exemption, adjacent or nearby private or public property shall be construed to include roads or accessways leading to the special event. [Ord. 3898 § 1, 1988].
10.20.050 Application for permit—Content.
(A) An application for a permit required by this chapter to hold a special event shall be made to the Director of Parks, Open Space and Cultural Services (POSCS) at least 45 days before the date of the proposed special event, and shall be accompanied by a nonrefundable fee as established by the Board of Supervisors. The application shall contain sufficient information to ensure that the County can assess the impact of the special event on the health, safety and welfare of the County and its residents. The application shall contain information on the special event’s possible need for appropriate personnel, equipment and facilities, including, but not limited to, security, crowd control, sanitation, necessary medical services, site cleanup, traffic and parking controls, and shall further provide a contingency plan to take care of any overflow crowd.
(B) The Director of POSCS may waive the 45-day time period for submitting an application upon finding that a special hardship exists for the applicant, justifying the waiver, and that no less than 30 days remain before the event. A nonrefundable special handling fee of $100.00 must be paid in these cases. [Ord. 3898 § 1, 1988].
10.20.060 Evaluation of application.
(A) Upon receipt of an application and the application fee, the Director of POSCS shall solicit an evaluation of the impact of the proposed special event from affected County departments, including the Sheriff. Departments shall provide their recommendations to the Director of POSCS within five working days.
(B) The applicant may request a meeting with the Director of POSCS to discuss the application and clarify any uncertainties, prior to action on the application by the Director of POSCS. [Ord. 3898 § 1, 1988].
10.20.070 Action on application.
Within 15 days of the date a complete application is received, the Director of POSCS either shall approve the application with such restrictions and conditions as he/she determines are required to protect the public safety, health or welfare, or shall deny the application if he/she determines the special event may not be held without endangering the public safety, health or welfare. [Ord. 3898 § 1, 1988].
10.20.075 Conditions on permits.
(A) As a condition to approval of the application, the Director of POSCS shall require payment to cover the cost of anticipated County personnel and materials required to ensure the public’s health and safety in connection with the approved special event. The Director of POSCS may determine other appropriate County incurred costs are chargeable to the applicant. Any payment required shall be deposited with the Director of POSCS at least 15 days before the special event, unless the Director of POSCS authorizes in writing a later date prior to the event, based on special circumstances.
(B) As a further condition to the approval of an application, the Director of POSCS shall require the applicant or applicants to agree in writing to indemnify, defend and hold harmless the County of Santa Cruz, its agents, officers and employees for any costs or expenses which may be incurred by the County, its agents, officers or employees to provide services, equipment and/or facilities for the special event which the applicant fails to provide in accordance with restrictions or conditions of the permit or to provide any other services, equipment and/or facilities necessitated by the gathering. As security for such agreement, the Director of POSCS may require the posting of a cash deposit or in lieu thereof indemnity and/or faithful performance bonds in amounts determined by the Director of POSCS to be adequate to provide for such indemnification. Any bonds shall be issued by a corporate bonding company authorized to do business in the State of California by the Department of Insurance.
(C) As a further condition to approval of an application, the Director of POSCS may require the applicant to furnish a liability insurance policy to provide public liability and property damage coverage in amounts and terms approved by the County Risk Manager; set by the Risk Manager on the basis of the potential risks to persons and property posed by the special event. The insurance policy shall name the County of Santa Cruz as an additional insured, shall provide that it will not be reduced or cancelled without 30 days’ prior written notice to the County, and shall include coverage of injury to any persons and damage to any property caused by the special event or arising therefrom, whether occurring on or off the site of the event.
(D) Any insurance policy required shall be issued by a corporate insurance company authorized to do business in California by the Department of Insurance. [Ord. 3898 § 1, 1988].
10.20.080 Issuance of permit.
Upon the approval of an application by the Director of POSCS and upon the filing with the Director of POSCS of any cash deposit or bonds in the form and amount required, the Director of POSCS shall issue a permit for the approved special event with the required restrictions and conditions imposed by the Director of POSCS. A permit issued shall only authorize the holding of the special event or series thereof at the time and place specified and in accordance with the required restrictions and conditions imposed, and shall not be transferable or assignable in any manner. [Ord. 3898 § 1, 1988].
10.20.090 Revocation of permit.
(A) To the Director of POSCS is reserved the right, after giving notice to the applicant or applicants as provided in this chapter, to revoke any permit issued hereunder should the Director of POSCS determine upon current information that the special event cannot be held without endangering the public health, safety or welfare. The Director of POSCS also may revoke any permit he/she has issued if he/she determines that the applicant or applicants for the special event have failed to comply with any of the restrictions or conditions of the permit, have sold tickets or advertised such special event prior to the issuance of any permit, without his/her approval, or have violated any other provisions of this chapter. The applicant or applicants shall be given at least 24 hours’ notice of such proposed action and shall be given the opportunity to appear and be heard thereon. The Director of POSCS shall attempt to give written notice of the meeting. If time does not permit this, the Director of POSCS shall give notice to the applicant or applicants of such meeting by calling the telephone number or numbers given for that purpose on their application. Failure of the applicant or applicants to answer the calls shall not affect the giving of the notice or invalidate the proceedings to consider the revocation of the permit.
(B) During inspection of the activity, should the County observe violations of the conditions of the permit, it may summarily revoke the permit in its entirety or certain aspects of the permit. [Ord. 3898 § 1, 1988].
10.20.095 Appeal to the County Administrative Officer.
The determination of the Director of POSCS can be appealed. Appeal shall be filed with the County Administrative Officer within 10 working days of the Director of POSCS’ determination. The County Administrative Officer will review the determination to see if there was a rational basis for the determination. Within 10 working days of receipt, the County Administrative Officer shall issue his ruling on the appeal. The decision of the County Administrative Officer shall be final. [Ord. 3898 § 1, 1988].
10.20.100 Penalties for violation.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor for each offense, and upon conviction thereof shall be punishable by a fine of up to $1,000 or by imprisonment in the Santa Cruz County Jail for a period of up to one year, or by both such fine and imprisonment for each such offense. [Ord. 3898 § 1, 1988].