"Applicant"
means the person submitting the application for a permit. The applicant shall be a person who is 18 years of age or older.
"Block party"
means a festive gathering on a residential street requiring a closure of said street, or a portion thereof, to vehicular traffic and use of the street for the festivity.
"Block party permit" or "permit"
means a permit issued pursuant to this article. "City" means the City of Costa Mesa.
"City council"
means the city council of the City of Costa Mesa.
"City manager"
means the city manager of the City of Costa Mesa, or designee.
"Organizer"
means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event.
"Person"
as used in this article, means any natural person who is a city resident and owner or lessee of property on the block for which the permit is sought, except where the context clearly requires a different meaning.
"Street"
means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Street includes highways or alleys.
"Venue"
means the specific property, area or site for which a block party permit has been issued.
(Ord. No. 04-7, § 3, 6-21-04)
(a) 
It is unlawful for any person to hold, engage in, or conduct, within the City of Costa Mesa, any block party subject to the provisions of this article without having obtained a valid permit.
(b) 
The city manager is authorized to issue permits for block parties pursuant to the procedures established in this article.
(Ord. No. 04-7, § 3, 6-21-04)
(a) 
An application for a permit required by this article shall be filed with the city manager on a form furnished by or acceptable to the city manager, and signed by the applicant under penalty of perjury. The application shall evidence the consent of all affected property owners or lessees of property within the street of the proposed block party.
(b) 
An application shall be filed not less than 12 business days before the date of the proposed block party.
(Ord. No. 04-7, § 3, 6-21-04)
The city manager shall establish reasonable regulations for the conduct of block parties. A copy of said regulations shall be provided to an applicant with an application for a permit.
(Ord. No. 04-7, § 3, 6-21-04)
(a) 
For all block parties subject to the requirements of this article the city manager shall require as a condition of the issuance of a permit and the applicant shall obtain, furnish proof of and maintain a policy of insurance issued by an insurance company authorized to do business in the State of California. The insurance policy shall be endorsed to name the City of Costa Mesa and its elected and appointed boards, officers, agents, and employees as an additional insured, and shall provide that any other insurance maintained by the City of Costa Mesa shall be in excess and not contributing with the insurance coverage provided to the City of Costa Mesa under the applicant's policy. The minimum limits of liability shall conform to a schedule which shall be adopted by resolution of the city council; provided, however, that in no case shall the minimum limits of liability be lower than one million dollars ($1,000,000.00) combined single limits, per occurrence and in the aggregate.
(b) 
The applicant shall also be required to sign an indemnity agreement in a form approved by the city attorney which shall expressly provide that the applicant agrees to defend, protect, indemnify and hold the city, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of applicant, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the applicant shall, at applicant's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the city, its officers, agents or employees, and that the applicant shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its officers, agents or employees as a result of the alleged acts or omissions of applicant or applicant's officers, agents or employees in connection with the uses, events or activities under the permit.
(Ord. No. 04-7, § 3, 6-21-04)
(a) 
A violation of this article shall be considered a misdemeanor and may be punished as such, however, at the discretion of the city attorney, the violation of any provisions of this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction.
(b) 
The holding or conducting of any block party subject to the provisions of this article without a valid permit issued pursuant to the provisions of this article is hereby declared a public nuisance.
(Ord. No. 04-7, § 2, 6-21-04)