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Ordinance chapter · Lincoln, California

CHAPTER 5.16 - SPECIAL EVENTS

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CHAPTER 5.16 - SPECIAL EVENTS#

Footnotes: --- (2) ---

Editor's note— Ord. No. 1005B, § 5, adopted February 11, 2020, repealed the former Chapter 5.16, §§ 5.16.010—5.16.240, and § 6 of the ordinance, enacted a new Chapter 5.16 as set out herein. The former Chapter 5.16 pertained to outdoor music festivals and derived from Ord. 253B §§ 1—23, 1972; Ord. 412B §10(2), 1982.

5.16.010 - Purpose and intent.#

Special events in the city of Lincoln have attracted large numbers of persons, bringing many benefits to the community. However, occurrences at or in connection with these special events have included criminal conduct, disturbances, excessive noise, vandalism, crowd control problems, traffic congestion, littering, insufficient sanitary facilities, and public safety impacts on the surrounding business and residential community. It is the purpose and intent of the city of Lincoln in adopting this chapter to protect the health, safety, and welfare of the inhabitants of the city through the enactment of regulations for special events. Nothing in this chapter shall be construed so as to unlawfully abridge the right of the people peaceably to assemble and to petition the government for a redress of grievances, nor to unlawfully prohibit the free exercise of speech or religion.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.020 - Permit required.#

It is unlawful for any person to advertise, maintain, operate, sell or furnish tickets, or sponsor a special event in the city without the special event permit required by this chapter.§ The fact that a person possesses other types of state or city permits or licenses does not exempt the person from the requirements of obtaining a special event permit.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.030 - Term and scope of permit.#

A special event permit issued under this chapter shall expire at the conclusion of the event for which the special event permit was issued. The special event permit authorizes the permittee to conduct only such special event as is described in the permit and in accordance with the terms and conditions of the permit. It is unlawful for a permittee or other responsible person to willfully violate the terms and conditions of the special event permit.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.040 - Definitions.#

For the purposes of this chapter:

A. "Applicant"#

"Applicant" means any person that seeks a special event permit as required by this chapter.

B. "Application"#

"Application" means the special event permit application available from the city.

C. "City property"#

"City property" means any building, facility, street, sidewalk, public right-of-way, park, or open space which is owned by or under the control of the city of Lincoln.

D. "Completed application"#

"Completed application" means the special event permit application with all accompanying necessary documents and insurance as set forth in sections 5.16.060, 5.16.130, 5.16.220 and 5.16.230, as applicable, and the nonrefundable permit application fee set forth in section 5.16.080.

E. "Special events coordinator"#

"Special events coordinator" means an employee designated by the city manager to receive and process special event applications and sign and issue special event permits.

F. "Disorderly conduct"#

"Disorderly conduct" means any of the following: consumption of alcoholic beverages on public property without a permit, public drunkenness, obstructing the free passage of pedestrians over public sidewalks, the obstruction of free passage of vehicles within the public right-of-way, littering, fighting, loud speaking or shouting, and such other conduct that constitutes a public nuisance or a violation of law.

G. "Expressive activity"#

"Expressive activity" means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature.

H. "Parade"#

"Parade" means a march or procession consisting of persons, animals, or vehicles, or any combination of them, on any city street, sidewalk, alley, or other public right-of-way which either obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.

I. "Permit application fee"#

"Permit application fee" means the fee paid by the applicant at the time the special event permit application is filed with the special events coordinator.

J. "Permittee"#

"Permittee" means any person that has been issued a special event permit as provided by this chapter. No permittee may be a person under 18 years of age.

K. "Person"#

"Person" means an individual, firm, association, partnership, corporation, company, governmental entity or organization or legal entity of any kind, and the legal representatives, agents, trustees, receivers, assigns, agents, servants, and employees of any such person.

L. "Reasonable efforts"#

"Reasonable efforts" mean any of the following:

  1. The provision of an adequate number of licensed security personnel;

  2. Notifying the police department of apparent criminal activity; and

  3. The taking of all additional measures, consistent with sound business judgment, necessary to accomplish the required result.

M. "Responsible person"#

"Responsible person" means the permittee, sponsor, promoter, manager, supervisor, volunteer, or other person exercising control over the operation of a special event, whether or not that person is a named permittee.

N. "Special event"#

"Special event" means:

  1. Any organized formation, parade, procession, demonstration or assembly which may include persons, animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any street, sidewalk or other public right-of-way owned or controlled by the city which does not comply with applicable traffic regulations, laws or controls; or

  2. Any organized activity, assemblage or association open to the public at any public place, property or facility which is to gather for a common purpose under the direction, control, or at the invitation of a person.

Examples of special events include, but are not limited to, concerts, parades, circuses, carnivals, fairs, festivals, street fairs, community events, mass participation sports such as marathons and other biking or running events, athletic or sporting events, historical remembrances or reenactments, theatrical performances or productions, pageants, dances, and community celebrations and observances conducted on public property or public rights-of-way.

O. "Special events vendor"#

"Special events vendor" means any person who offers to sell, sells, or transfers any merchandise, goods, toys, consumables, or any other thing of value at or during a special event.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.050 - Exclusions.#

The provisions of this chapter shall not be deemed to require a special event permit for the following:

A.#

Special events which occur under the jurisdiction of the parks and recreation division pursuant to adopted rules and regulations and Chapter 12.20 of this Code, and the library pursuant to adopted rules and regulations.

B.#

Funeral processions conducted by a licensed mortuary or funeral home.

C.#

Special events involving only pedestrians traveling solely on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Participants in this type of event shall use the crosswalk in units of 15 persons or less, and shall not obstruct vehicular traffic.

D.#

A governmental agency acting within the scope of its functions.

E.#

Special events which occur solely on school grounds.

F.#

Special events which occur solely on privately owned property, which do not involve the use of, or have an impact on, city property.

G.#

High school homecoming parades approved in advance, in writing, by the principal or school board, which are completely motorized, without any foot traffic.

H.#

Spontaneous events which are occasioned by news or affairs coming into public knowledge less than 48 hours prior to such event may be conducted without the organizers first having to obtain a special event permit. If practicable, the organizers should give notice to the city's special events coordinator 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. Special events which require advance planning such as recreation events, competition/contests/spectator sports, fairs, festivals, carnivals, ticketed events, sales/trade shows or events which require a permit from the city for the placement of structures shall not be considered spontaneous events. Charges reflective of city staff time and costs may still be incurred by responsible persons for events undertaken pursuant to this subsection to the extent otherwise authorized by this chapter.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.060 - Applications.#

A.#

All applications for a special events permit required by this chapter shall be filed with the special events coordinator no less than 120 calendar days in advance of the special event on a form furnished by the special events coordinator, and signed by the applicant under penalty of perjury. Applications filed less than 120 calendar days in advance may be rejected by the special events coordinator if the special events coordinator determines that there is inadequate time to process the application. If an applicant for a special event involving an expressive activity desires to ensure the opportunity for an appeal to the city council in accordance with Section 5.16.150, the application shall be filed with the special events coordinator not less than 30 calendar days in advance of the special event. Failure to file the application at least 30 days prior to the proposed activity shall be deemed to be a waiver of an appeal to the city council and in that event the decision of the city manager shall be final and the applicant or other aggrieved person may file or cause to be filed a petition for writ of mandate in state court regarding the validity of the city manager's decision to grant or deny the application.

B.#

Except as otherwise applicable, the special events coordinator shall, within 14 calendar days of receipt, determine whether an application for a special events permit is or is not complete. In the case of an event involving expressive activity, the special events coordinator shall determine whether or not such application is complete within 24 hours of said application being submitted to the special events coordinator.

C.#

Notwithstanding the special events coordinator's acceptance of an application, no event date shall be considered confirmed until a special event permit is issued pursuant to a completed application.

D.#

All applications for a special event permit shall include the following:

  1. The full name, address, e-mail address, and telephone number of the applicant.

  2. The name, purpose, date or dates, location, hours, and duration of the proposed special event.

  3. A description of the proposed special event, including anticipated number of persons who may attend, the anticipated number of spectators, and any further information about the location of the event as the special events coordinator deems necessary.

  4. If bounce houses, and/or a tent or canopy will be used during or in conjunction with the special event, a copy of the applicable permit from the recreation and parks department shall be provided not less than 30 days before the date of the proposed special event.

  5. A description of the time, location and type of music, sound amplification, or noise which will be part of the special event.

  6. The name(s), address, e-mail address, and telephone number of the responsible person(s) in charge of the special event on the date of the special event.

  7. A description and diagrams of the proposed procedures for setup, operation, security, traffic control and crowd control, including a description of accessibility for disabled individuals, shall be provided not less than 30 days before the date of the proposed special event.

  8. The name, address, and phone numbers of all medical service or first aid providers that will be on site at the special event.

  9. A description of any city services or equipment requested for the special event.

  10. A description of any animals which will be part of the special event and how animal waste will be contained and properly disposed of in accordance with applicable health and safety regulations.

  11. The name, address, e-mail address, and telephone number of the person responsible for cleaning the special event site at the conclusion of the special event.

  12. The name, address, e-mail address, and telephone number of the person responsible for removing signage at the conclusion of the special event.

  13. An event map shall be provided at the time of submission of the application. The event map shall include, but is not limited to, the following information, if applicable:

    a. The location of the property on which the proposed special event and all related activities will be held;

    b. The route of any parade, fun run, bicycle races, etc.;

    c. Street closures;

    d. Entertainment and/or stage locations;

    e. Sound amplification locations;

    f. Vendor concession locations;

    g. First aid facilities;

    h. Sanitary facilities;

    i. Parking areas, access ways to and within the special event site, and traffic circulation;

    j. Event manager's command post;

    k. The location of any temporary structures to be erected;

    l. Utility connection locations, such as power or water;

    m. Trash receptacle locations;

    n. Disabled access and parking locations;

    o. Any other information as required by the special events coordinator or any city department.

  14. A detailed statement of the applicant's plans to fulfill the public health and safety requirements set forth in Section 5.16.100 of this chapter shall be submitted not less than 30 days before the date of the proposed special event.

  15. If applicable, copies of any permits issued by the California Department of Alcohol and Beverage Control shall be submitted not less than five days before the date of the proposed special event.

  16. Any supplemental information which the special events coordinator or any city department finds reasonably necessary to determine whether to approve a special event permit.

  17. In addition to the above, for parades the applicant shall also provide the following information not less than 30 days before the date of the proposed special event:

    a. The assembly point for the parade and the time at which units of the parade will begin to assemble;

    b. The starting point and termination point of the parade;

    c. The parade route, including a simple map or sketch;

    d. Whether the parade will occupy all or only a portion of the streets proposed to be traversed;

    e. The estimated number, types, and size of floats;

    f. The estimated number of participants in the parade;

    g. The type and estimated number of vehicles, animals, and structures which will be used at the parade; and

    h. Whether attendants will be employed at the parade.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.070 - Waivers.#

Applicant shall ensure all vendors' compliance with all applicable federal, state and local laws. With the exception of fees set forth in section 5.16.080, the city manager, in consultation with the public safety chief, public works director and city attorney, may waive any of the special events requirements set forth in section 5.16.060 or this Code if the applicant can demonstrate the waiver will not impair the health, safety and welfare of the community.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.080 - Fees.#

A.#

Every application for a special event permit shall be accompanied by a nonrefundable permit application fee, as established by resolution adopted by the city council from time to time.

B.#

If an event is sponsored or co-sponsored by city, the city will absorb all costs attributable to its sponsored activities. However, the permittee shall pay the city for all city department service charges estimated to be incurred in connection with or due to the permittee's activities under the special event permit. Such charges include, but are not limited to, the following: (1) the burdened hourly rate of city personnel involved in public safety, event traffic and/or pedestrian control, fire safety, water safety, or other facility or event support; (2) the burdened hourly rate of city personnel involved in the administration or coordination of city services for or otherwise performing duties in connection with the special event; (3) the costs associated with the use of city equipment, materials, and supplies; (4) the costs associated with closure of city streets; and (5) other expenses incurred by city as a direct result of special event. Such service charges shall be paid by the permittee within 30 days of receipt of an invoice from the city. City department service charges shall not include costs incurred by the city to provide police and fire protection to those engaged in expressive activity as that term is defined in this chapter.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.090 - Public health and safety requirements.#

A. Sanitary facilities.#

Unless the public works director finds a higher or lower number of facilities is required or sufficient, the permittee shall provide at least one chemical toilet for every 200 males and one for every 100 females based upon the maximum number in attendance at the peak time of the special event.§ Permittee also must provide accessible sanitary facilities in accordance with the Americans with Disabilities Act. Portable sanitary facilities must be removed by 7:00 a.m. the day after the special event. Portable toilets may not be placed in the alley behind businesses at Beermann Plaza.§

B. Garbage collection and removal.#

The permittee shall provide solid waste dumpsters to receive solid wastes at a ratio of one cubic yard of available receptacle space for each 250 persons which the special event permit allows to attend the special event and one 30-gallon trash container for every 100 persons which the special event permit allows to attend the special event. After the conclusion of the special event and within the time frames specified in the special event permit, the permittee shall clean and restore all areas used for the special event, including contiguous public roads, sidewalks, rights-of-way, and easements. All areas must be restored to the same condition as existed prior to the special event.

C. Lighting.#

If the special event occurs between sunset of one day and sunrise the following day, the permittee shall provide such lighting, including light standards and electrical switches, and such power supply as the police chief and building official find necessary for the public safety and welfare.

D. Security guards.#

As a condition of the special event permit, the police chief may establish the number of security guards the permittee is required to hire in order to maintain the public peace and safety. Security guards shall be charged with preventing violations of law and enforcing compliance with the requirements of this chapter. Security guards shall be uniformed in such a manner so as to be readily identifiable by the public as a security guard and shall possess a valid and current security guard registration card as required by applicable provisions of state law. No security guard required pursuant to this chapter shall act as a door person, ticket seller, ticket taker, admittance person, or be responsible for event operations while acting as a security guard.

E. Intoxicated persons.#

The permittee and each responsible person shall make reasonable efforts to prevent the admittance to the special event of any obviously intoxicated person. For purposes of this section, a person is "obviously intoxicated" when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including, but not limited to, inability to walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, alcoholic breath, belligerence or other loud or boisterous conduct, extreme agitation or nervousness or mental confusion, where such manifestations lack other apparent cause.

F. Disorderly conduct.#

The permittee and each responsible person shall make reasonable efforts to prevent the admittance to the special event of any person whose conduct is described in Penal Code Section 415 as amended (fighting, loud noise, offensive words in public places) or 647 as amended (disorderly conduct). The permittee and each responsible person shall also make reasonable efforts to remove from the special event any persons exhibiting such conduct.

G. Fire protection.#

The permittee shall provide such fire protection measures, licenses, permits and equipment as the city public safety chief or fire marshal finds reasonably necessary to provide fire protection for the immediate and adjoining premises and to persons participating in and attending the special event.

H. Emergency communications system.#

At all times during the progress of a special event, the permittee shall maintain such emergency communications systems as the city public safety chief find reasonably necessary for fire and police protection.

I. Access-ways.#

The permittee shall provide all exterior and interior access-ways which the public safety chief and public works director find necessary for the use of public safety and medical personnel and for the use of those attending the special event. All such access-ways shall be clearly marked and delineated by means of curbs or temporary barriers on the ground.

J. Food.#

Any person selling, preparing, delivering or serving food or beverages at a special event shall comply with the California Retail Food Code, California Health and Safety Code Section 113700 et seq., as it may be amended, and any relevant county ordinances.

K. Alcohol.#

Any person selling or serving alcohol at a special event shall obtain all applicable licenses or permits as required by the city and the California Department of Alcoholic Beverage Control.§

L. Dust control.#

The permittee shall use such methods of dust control as are approved by the public works director.§ The public works director shall approve such methods if he or she finds that such methods will prevent the arising of dust that otherwise

Chapter 5.16 - Special Events#

5.16.100 - Investigation by city departments.#

A. Upon receipt of a completed application, the special events coordinator shall forward a copy of the application to the appropriate city departments for comments. Such departments shall determine whether, with regard to their specific areas of responsibility under this chapter, the proposed special event can be held without violation of any provisions of this chapter, the Lincoln Municipal Code, and state and federal law. Within 15 days after distribution of a completed application by the special events coordinator, the appropriate city departments shall complete their investigations and shall notify the special events coordinator of their approval or disapproval of the issuance of a special event permit, or recommended changes for the applicant's consideration. The special events coordinator shall then approve, conditionally approve or deny the permit for the grounds specified in this chapter. If the application is approved, the special events coordinator shall issue the special event permit. If any city department disapproves the issuance of a special event permit, no permit shall be issued and the special events coordinator shall inform the applicant of the grounds for denial, in writing, and the applicant's right of appeal pursuant to this chapter.

B. Completed applications for a permit involving "expressive activity" as defined in this chapter shall be approved, conditionally approved or denied by the special events coordinator within two business days upon receipt of the completed special events application. In the case of expressive activity, the special events coordinator shall promptly attempt to notify the applicant orally, and provide written notification to the applicant as soon as it is reasonably practical to do so. Such notice shall provide detailed facts and reasons for any denial or conditional approval. The special events coordinator shall consult with the city attorney before denying or conditionally approving a permit involving "expressive activity" (including all activities wherein the applicant claims or contends that the proposed event involves expressive activity) as that term is defined in this chapter.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.110 - Conditions of permit.#

The special events coordinator may condition any permit issued pursuant to this chapter with reasonable requirements concerning the time, place or manner of holding such event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Conditions may include, but are not limited to, the following:

A. The establishment of an assembly or disbanding area for a parade or like event;

B. The accommodation of an event's pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a city street, or other public right-of-way;

C. Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access;

D. The number and type of vehicles, animals, or structures to be displayed or used in the event;

E. A cleaning deposit if the event includes using structures, temporary signs or markings on city property, displaying or using horses or other large animals, operation of water stations, food distribution or sales, beverage distribution or sales, and/or sale of other goods or services;

F. The provision and use of traffic cones or barricades and/or restrictions as to the timing of temporary street closures to ensure traffic impacts are minimized to the greatest degree practicable;

G. The provision or operation of first aid stations or sanitary facilities, including sanitary facilities meeting disability access requirements;

H. The provision of a waste management plan, and the cleanup and restoration of the site of the event;

I. The use of sound amplification equipment, and restrictions on the amount of noise generated by said equipment and/or motors and other equipment used in the course of the event;

J. The manner of providing notice of permit conditions to permit participants and those businesses or residents who may be directly affected by the conduct of the event;

K. The provision or use of emergency services;

L. The reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity;

M. The manner by which alcohol sales and service, if any, shall be conducted at the event; and

N. Conditions designed to ensure compliance with the applicable occupant load.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.120 - Contents of permit.#

A special event permit shall contain all of the following:

A. The maximum number of persons allowed at the special event. In determining the maximum permissible number, neither the investigating city departments nor the city council shall be bound by the estimate of attendance stated in the application for a special event permit.

B. The dates and hours during which the special event may be conducted.

C. The location(s) where the special event may be conducted.

D. Such other conditions as the special events coordinator, the investigating city departments or the city council find reasonable and necessary for the promotion of public health, safety and welfare.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.130 - Special events on state highways.#

Whenever any proposed special event either crosses or is upon any state highway, the applicant shall, prior to issuance of a special event permit, obtain the written consent of the state of California Department of Transportation. A copy of such written consent shall be attached to the city special event permit, and any conditions of the state permit shall be considered incorporated into the city special event permit.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.140 - Grounds for denial of permit.#

A. The grounds for denial of a special event permit shall be one or more of the following:

(1) The special event site and/or facilities do not comply with all environmental, traffic/parking, health, zoning, fire, and safety requirements and standards imposed by the laws of the state and the ordinances of the city, including this chapter.

(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the special event application or in any documentation required to be filed in conjunction with said application.

(3) The applicant fails to complete the special event application after having been notified of any additional information or documents required.

(4) Another special event application has been received prior in time, or has already been approved, to hold another special event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic and parking congestion, or the police department is unable to meet the needs for police services for both special events.

(5) The time, route, or size of the special event will substantially interrupt the safe and orderly movement of traffic, including public transit, or disrupt the use of a street at a time when it is usually subject to great traffic congestion.

(6) The concentration of persons, animals, and vehicles at the site of the special event or the assembly and disbanding areas around the special event, will prevent proper police, fire, or ambulance services to areas contiguous to the event.

(7) The size of the special event will require diversion of so great a number of police officers of the city to ensure that participants stay within the boundaries or route of the special event or to protect participants in the event, as to prevent normal protection to the rest of the city. Nothing herein authorizes denial of a special event permit when additional peace officers would be available to the city under applicable state law and mutual aid plans, if requested by the city in advance of the special event. Nothing herein authorizes denial of a special 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 available to police the event.

(8) The special event will not move from its point of origin to its point of termination expeditiously and without unreasonable delays in route.

(9) The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets, or a previously granted encroachment permit.

(10) The special event will occur at a time when a school is in session and the special event will be held at a location adjacent to the school or class thereof, and the noise created by the activities of the special event would substantially disrupt the educational activities of the school or class thereof.

(11) The applicant has failed to demonstrate that the issuance of the special event permit will not adversely impact nearby institutions or businesses.

(12) The applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant has engaged in misconduct or has been convicted of a crime substantially related to the qualifications, functions or duties of a permittee, including, but not limited to, violent crimes, crimes against children, and drug-related crimes. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

(13) Commission of any act, which, if done by a permittee, would be grounds for suspension or revocation of a special event permit.

(14) The applicant has refused or cannot meet the requirements established by this Code or city departments.

(15) The special event would significantly impact natural resources or sensitive species and/or their habitat.

(16) The required application fee or city service charges have not been paid.

(17) The applicant fails or refuses to sign an indemnification agreement and/or submit proof of insurance to the extent required.

(18) The special event would significantly interfere with the regular use of the special event site and/or facilities.

B. Notwithstanding the above, the applicant shall not be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under Section 4852.01 of the California Penal Code, or on the basis that he or she has been convicted of a misdemeanor.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.150 - Denial of permit—Right of appeal.#

A. If a special event permit is denied, the applicant shall have the right to appeal from said action to the city manager within ten calendar days of receiving the notice of denial. A written notice of appeal shall be timely filed with the city manager, and on receipt of said notice, the city manager shall set the matter for hearing within 15 calendar days of the filing of said notice of appeal. Written notice of the time and place of such hearing shall be served upon the applicant at least five days prior to the date set for such hearing. Notice may be given either by personal delivery to the applicant, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in the special event application.

B. Within five calendar days after the hearing, the city manager shall send written notice to the applicant either granting the special event permit or containing a statement of the grounds relied upon for denying the special event permit.

C. Any applicant aggrieved by the decision of the city manager in denying a special event permit may appeal the decision to the city council. Within ten calendar days of receiving notice of the city manager's decision, the applicant shall submit a written notice of appeal to the city clerk, and on receipt of said notice, the city clerk shall set the matter for hearing at the next possible regularly scheduled meeting of the city council. Written notice of the time and place of such hearing shall be served upon the applicant at least five days prior to the date set for such hearing. Notice may be given either by personal delivery to the applicant, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in the special event application.

D. If a written notice of appeal is not timely filed pursuant to this section, the decision of the city manager shall be final.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.160 - Denial of permit—Hearing on appeal.#

A. On appeal, the applicant may present testimonial and documentary evidence in support of his or her special event application. The city council shall consider the recommendations of each investigating city department and all documentary and testimonial evidence presented at the hearing and shall:

(1) Order the special events coordinator to issue the special event permit in accordance with the application and any conditions required by the city council; or

(2) Deny the special event permit.

B. The decision of the city council shall be final.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.170 - Suspension and revocation.#

A special event permit issued pursuant to this chapter may be suspended, conditioned or revoked by the city manager in writing upon determining that any of the grounds specified in Section 5.16.180 exist. The city manager shall send written notice to the permittee containing a statement of the grounds relied upon for suspending, conditioning or revoking the special event permit.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.180 - Grounds for suspension and revocation.#

A special event permit may be suspended, conditioned or revoked if any permittee, his or her agent, or employee:

A. Violates or fails to comply with the terms and conditions of the special event permit.

B. Does any act which violates any of the grounds set forth in Section 5.16.150 which sets forth the grounds for denial of a special event permit.

C. Violates any other provision of this chapter or any federal, state or local law or regulation relating to his or her permitted activity.

D. Engages in or permits misconduct substantially related to the qualifications, functions or duties of the permittee.

E. Conducts the special event in a manner contrary to the peace, health, or safety of the public.

F. Fails to take reasonable measures to control special event participants' conduct, resulting in disturbances, vandalism, crowd control problems, traffic control problems, or creation of a public or private nuisance, or obstruction of the operation of a business.

G. Operates or permits the operation of any musical instruments, sound amplifiers, or sounds in general so as to constitute a nuisance.

H. Has knowingly made any false, misleading or fraudulent statement of material fact in the special event application or in any documentation required to be filed in conjunction with said application.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.190 - Suspension and revocation—Right of appeal.#

A. Any permittee aggrieved by the decision of the city manager in suspending, conditioning or revoking a special event permit may appeal the decision to the city council. Within ten calendar days of receiving notice of the city manager's decision, the permittee shall submit a written notice of appeal to the city clerk, and on receipt of said notice, the city clerk shall set the matter for hearing at the next possible regularly scheduled meeting of the city council. Written notice of the time and place of such hearing shall be served upon the permittee at least five days prior to the date set for such hearing. Notice may be given either by personal delivery to the permittee, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in the special event application.

B. If a written notice of appeal is not timely filed, the decision of the city manager shall be final.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.200 - New permit application after denial, suspension or revocation.#

When the special event permit of any person is revoked or suspended, no new application for a special event permit from the same person shall be accepted within one year after such suspension or revocation. When an application for a special event permit is denied for cause, no new application for a special event permit from the same person shall be accepted within one year after denial unless the applicant can show a material change in the situation that would justify the issuance of such special event permit.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.210 - Display of permit.#

Every special event permit issued pursuant to this chapter shall either be conspicuously displayed at the special event so that it may be easily seen by any person or carried by the permittee or responsible person designated in the special event permit application so that it may be presented at any time during the special event.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.220 - Indemnification.#

A. Prior to the issuance of the special event permit, the applicant shall sign an agreement to reimburse the city for any costs incurred by it in repairing damage to city property occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees, or agents, or any person who was under the permittee's control, insofar as permitted by law. Persons who merely join in a special event are not considered by that reason alone to be "under the control" of the permittee.

B. The agreement shall also provide that the permittee shall defend, indemnify, and save and hold harmless city, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of permittee's/sponsoring organizations', its officers', employees', or agents' willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by the special event permit, except those matters arising from city's sole or active negligence.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.230 - Insurance.#

A. The permittee 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 special event. Such insurance shall name on the policy or by endorsement as additional insureds the city, its officers, employees, agents, and volunteers. Insurance coverage must be maintained for the duration of the special event.

B. Coverage shall be a general liability or "special events" insurance policy. The minimum limits required are:

(1) Bodily injury, $1,000,000.00 per occurrence/$2,000,000.00 aggregate; and

(2) Property damage, $1,000,000.00 per occurrence; and

(3) Personal injury, $1,000,000.00 per occurrence/$2,000,000.00 aggregate.

C. A certificate of insurance must be filed with risk management not less than ten days before the date of the special event. The special event permit shall not be valid until the certificate of insurance has been filed by the permittee and approved by risk management.

D. The insurance requirement set forth in this section shall not be construed to apply to special events permitted under this chapter solely for purposes of expressive activity which enjoy protection under the United States or California constitutions except that applicants for such parades or special events shall be required to either: (1) agree to defend, indemnify, and save and hold harmless city, its officers, agents, employees and volunteers pursuant to Section 5.16.220; or (2) agree to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the special events coordinator as being reasonably foreseeable consequences of the permitted parade or special event; or (3) provide insurance coverage as required by this section.

E. If the special events coordinator determines, after consultation with the city's risk manager and the city attorney, that a particular use, event or activity does not present a substantial or significant public liability or property damage exposure for the city or its officers, agents and employees, the special events coordinator may give a written waiver of the insurance requirements of this section.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.240 - Immediate threat to public safety.#

A. A police officer may require the permittee or responsible person to immediately terminate a special event and disperse all participants for the remainder of the special event whenever conduct by disorderly participants reaches a magnitude that presents an immediate threat to the public safety or well-being of the participants and general public in the vicinity.

B. Circumstances constituting an immediate threat to the public safety include, but are not limited to, the following:

(1) There is an immediate threat of bodily harm or injury to a person or persons;

(2) There is a clear and present danger of riot, disorder or unlawful interference with traffic upon the public streets.

C. [Note: The original text appears to be cut off at this point. No further content was provided.]

5.16.250 - Unlawful to disrupt or participate in a special event without a permit.#

It is unlawful for any person to interfere with or disrupt a lawfully permitted special event. It is unlawful for any person to participate in a special event with the knowledge that the sponsor of the special event has not been issued the required permit.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.260 - Penalties.#

It is unlawful and a public nuisance to intentionally violate any of the provisions of this chapter. Violation of this chapter may be charged as either an infraction or a misdemeanor in the discretion of the city attorney.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.270 - Civil injunction.#

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.280 - Administrative remedies.#

In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth by city ordinance.

(Ord. No. 1005B, § 6, 2-11-2020)

5.16.290 - Cumulative remedies, procedures and penalties.#

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances.

(Ord. No. 1005B, § 6, 2-11-2020)