Chapter 11.40
SPECIAL EVENT PERMIT PROGRAM AND REVIEW PROCESS
Sections:
11.40.010 Special event defined.
11.40.030 Interference with special event.
11.40.040 Special event permit application and review.
11.40.050 Permit – Notice of issuance or denial.
11.40.060 Deposit and insurance.
11.40.070 Staff and equipment cost recovery.
11.40.080 Suspension or revocation of permit.
11.40.090 Use restriction and fee payment.
11.40.100 Authority to fix policies, fees, and signage.
11.40.110 Sound amplification permits.
11.40.120 Penalty for violation.
11.40.130 City manager authority.
11.40.140 Authorization of special event permits for Fletcher Cove Community Center.
11.40.010 Special event defined.
A. A “special event” is defined as any organized activity to which the general public is invited which results in or requires any modification to traffic flow patterns or parking regulations, where expected attendance exceeds 25 people per day, and use of beach and park pursuant to Chapter 11.12 SBMC. Examples of special events include, but are not limited to, the following:
1. Amusement attractions;
2. Athletic events;
3. Biathlons or triathlons;
4. Bicycle races;
5. Block parties;
6. Carnivals;
7. Circuses;
8. Concerts;
9. Exhibitions;
10. Exhibits;
11. Fairs;
12. Fireworks display;
13. Fundraising events;
14. Parades;
15. Public dances;
16. Rodeos;
17. Running events of any distance;
18. Sidewalk sales;
19. Surfing camps, contests, or meets;
20. Walkathons.
B. Special events involving activity which is protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution shall be limited to application of objective guidelines imposing reasonable time, place and manner restraints in a manner to protect the public health, safety and welfare. (Ord. 310 § 1, 2003)
11.40.020 Permits required.
No person or entity shall organize, sponsor, promote, produce, direct, conduct, manage, institute or carry on any special event without first obtaining a permit from the city. A permit is required if the applicant desires to reserve and preempt public use of a portion of public property for a temporary period. Each permit shall state the date, time and area for which it was issued, the name of the person or persons to whom it is issued and any conditions and limitations upon which the permit is given. No person or entity shall promote, advertise, encourage or solicit attendance or otherwise participate in any way in a special event for which no permit had been issued, or for which such permit has been suspended or revoked. (Ord. 310 § 1, 2003)
11.40.030 Interference with special event.
No person or entity shall knowingly join or participate in any special event in violation of any of the terms, conditions or regulations of the permit issued therefor, or knowingly join or participate in any special event without the consent of or over the objection of the permittee, or in any manner interfere with the orderly conduct of such event. (Ord. 310 § 1, 2003)
11.40.040 Special event permit application and review.
A. The city manager shall develop and implement forms and guidelines for administrative review of each special event application by necessary city departments.
B. The following factors shall be considered in the review process: the safety of the event, the number of events held in the same area at the same time, the value of the event to area residents and businesses, the inconvenience to area residents and businesses not participating in the event, the disruption to public transit and traffic flow, and the ability of the city to adequately staff the event.
C. Not less than 30 days prior to proposed event.
D. The city manager may revoke or deny a special event permit if, in the city manager’s opinion, any of the following are applicable:
1. The event is likely to create an imminent possibility of violent or disorderly conduct likely to endanger public health, safety or welfare, including conduct that may result in property damage.
2. The applicant has not adequately provided for safety measures including, but not limited to: traffic, crowd control, noise, parking, and sanitation facilities.
3. The applicant has failed to conduct a previously authorized special event in accordance with the law, including the terms of the special event permit.
4. The special event will require the exclusive use of beach or park areas in a manner that will unreasonably or adversely impact upon the use or access to those areas by the general public.
5. The applicant has knowingly or deliberately made a false, misleading or fraudulent statement of a material fact in the application; or if any local or state law prohibits the event or activity, statute, rule, ordinance or regulation or prohibited in the particular by any law, statute, ordinance, rule or regulation. (Ord. 310 § 1, 2003)
11.40.050 Permit – Notice of issuance or denial.
The issuance or denial of any permit by the city manager shall be final unless appealed to the city council within 10 days from the date of service of written notice of the decision of the city manager. Failure to file an appeal within such 10-day period shall constitute a waiver of the right to such appeal. Appeals shall be filed with the city clerk and shall be accompanied by a nonrefundable fee of $50.00. Appeals shall be governed by Chapter 4.04 SBMC. (Ord. 310 § 1, 2003)
11.40.060 Deposit and insurance.
A. Prior to the issuance of a permit, the city manager shall require:
1. When necessary, an agreement to compensate the city for loss and damage to public property, a cash deposit in an amount sufficient to guarantee the cleaning up of the site and removal of any debris left as a result of the event. If the applicant is to provide security, traffic control or similar activities, a cash deposit in an amount sufficient to guarantee such performance shall be required;
2. Public liability insurance and property damage insurance, including products liability coverage written by an insurance company acceptable by the city in minimum limits of $1,000,000;
3. All insurance companies affording coverage for the event shall be required to add the city as “additional insured” under their insurance policy. A copy of the policy endorsement shall be provided to the city. The endorsement shall name the city, its officers, officials, employees and volunteers as additional insured. A certificate of insurance, providing evidence of coverages in compliance with this chapter shall be supplied to the city prior to the event taking place;
4. All insurance companies affording coverage for the event shall be insurance organizations authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the state of California and have at a minimum an AVII rating;
5. Maintenance of insurance by the applicant as specified shall in no way be interpreted as relieving the applicant of any responsibility whatsoever and, at their own expense, applicant may purchase such additional insurance, as they deem necessary;
6. Insurance for the event may be purchased from the city under the city’s special events program at the prevailing premium;
7. A hold harmless agreement indemnifying the city for any personal injury or property damage arising from such special event, where warranted.
B. Recommendations for the withholding of a surety bond or cash deposit for failure to perform as required shall be made to the city manager no more than 15 days after the conclusion of the special event.
C. The city manager shall submit the final refund or additional billing request to the finance department no more than 30 days after the conclusion of a special event.
D. The finance director shall forward to the applicant an accounting of city-incurred expenses with explanation if the city uses deposited funds, or submits additional billing requests. (Ord. 310 § 1, 2003)
11.40.070 Staff and equipment cost recovery.
A. If the special event will warrant the presence of law enforcement personnel, fire personnel, parking control or other city staff or equipment, the city manager shall require an agreement to compensate the city, a surety bond or cash in an amount sufficient to pay the additional costs of providing such personnel or equipment.
B. Departments involved in a special event shall submit staffing and equipment costs to the city manager no more than 15 days prior to the event. (Ord. 310 § 1, 2003)
11.40.080 Suspension or revocation of permit.
A. A permit for an event issued hereunder shall be suspended or revoked pending a hearing by the city manager at any time:
1. When there is reasonable cause to believe that the permit was issued in error or issued in reliance on false and erroneous information;
2. When there is reason to believe that the health, safety and welfare of persons or property would be endangered because of real or threatened disaster, public calamity, riot or other emergency.
B. Notice of such suspension or revocation shall be made in writing to the applicant or permittee. The suspension or revocation of the permit shall be final unless appealed to the city council within 10 days of the date of service of the written notice. Failure to file an appeal within such 10-day period shall constitute a waiver of the right to such appeal. Such notice shall be filed with the city clerk. (Ord. 310 § 1, 2003)
11.40.090 Use restriction and fee payment.
No person shall use any public park, public playground, public parking lot or public building for an activity for which a fee is charged without first paying any required fees and obtaining required permit(s) pursuant to Chapter 11.12 SBMC. The use, occupancy or permitting of a vehicle to remain upon park grounds between 10:00 p.m. and 7:00 a.m. for any purpose shall also require a permit from the city manager. (Ord. 310 § 1, 2003)
11.40.100 Authority to fix policies, fees, and signage.
The city manager or designated representative has the authority to do the following:
A. The city manager shall establish criteria for permits issued pursuant to this chapter. Fees authorized by this chapter shall be established, from time to time, by city council resolution.
B. Post any approved parking control signs required by the special event permit. Such signs shall be posted at least 48 hours in advance of such special event and when so posted may issue citations and/or tow away vehicles parked in violation of the posting.
C. Close roadways for up to 24 hours pursuant to SBMC 10.56.010 as required by the special event permit.
1. Signs advising the date and time of the closure shall be posted at least 10 days prior to the date of the closure.
2. A list of interested parties shall be established and shall include, but is not limited to: North County Transit District, San Diego Gas and Electric Company, Waste Management, Inc., and EDCO Disposal Corporation, Inc. Interested parties shall be notified of any closure by mail at least 10 days prior to the event.
D. Stop a special event at any time it is determined that the public safety is in jeopardy.
E. Approve certain temporary signage for the purpose of providing public notice of approved events, as authorized by SBMC 17.64.055 and 17.64.120. Permanent signs are not allowed.
F. All temporary signage approved for special events shall be removed within 48 hours after the expiration, termination, completion and cessation of the special event pursuant to SBMC 17.64.070. (Ord. 310 § 1, 2003)
11.40.110 Sound amplification permits.
The city manager shall establish criteria for issuing all sound permits pursuant to this chapter, and Chapter 11.12 SBMC. Fees authorized by this chapter shall be established for cost recovery and processing, from time to time, by city council resolution. (Ord. 310 § 1, 2003)
11.40.120 Penalty for violation.
Any person violating any provision of this chapter or conditions of a permit issued pursuant to this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. In the alternative, the city may issue an administrative citation pursuant to Chapter 1.18 SBMC or violators may be subject to any other penalty authorized by law. (Ord. 310 § 1, 2003)
11.40.130 City manager authority.
An administrative policy for the special event permit program and review process will be established and enforced by the city manager under this chapter. (Ord. 310 § 1, 2003)
11.40.140 Authorization of special event permits for Fletcher Cove Community Center.
The city of Solana Beach shall make the Fletcher Cove Community Center, and adjacent patio and lawn areas, available for use by Solana Beach residents for meetings, classes, celebrations and other events through the issuance of a special event permit on the following basis:
A. Special events permits for use of Fletcher Cove Community Center shall be limited to no more than two of the three days of Friday, Saturday, or Sunday.
B. Nominal fees for the use of the Fletcher Cove Community Center shall be collected by the city of Solana Beach.
C. Applicable alcoholic beverage control rules and regulations shall govern the service of wine and beer at Fletcher Cove Community Center facilities.
D. Noise generated by a permitted special event shall be governed by the Solana Beach Municipal Code as it is applicable in residential areas.
E. Occupancy at a permitted special event shall be governed by Solana Beach Municipal Code.
F. A permitted special event must conclude by 10:00 p.m., including complete clean up of the permitted event.
G. Any behavior that violates alcoholic beverage control rules and regulations, state of California or city of Solana Beach law may result in the immediate closure of the special event, revocation of the special event permit, fines, or in other relevant action as authorized by the Solana Beach Municipal Code. (Ord. 443 § 2, 2014)