It is the purpose of this chapter to establish a process for permitting community events to use or impact city streets, parks, open space, public facilities or services in accordance with the community event policy established by Chapter 9.39. The city recognizes the substantial community benefits that may result from community events. They can provide cultural enrichment, promote economic vitality and enhance community identity. They may also provide funding opportunities for service organizations. The purpose of this chapter is to provide a coordinated process for managing community events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at the community events, and to protect the rights of community event permit holders. It is also the intent of the council to protect the rights of people to engage in expressive activities in the city's public places and to establish the least restrictive and reasonable time, place and manner regulation of these activities. It is further intended to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of events.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
There is hereby created a community events coordinator to carry out the provisions of this chapter. The city manager shall appoint the chief of general services, the director of planning, the director of finance, the chief of police, or other qualified city employee to be the community events coordinator.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009; Ord. 2006 § 4, 2011)
The community events coordinator shall have the power to:
A. 
Administer and apply this chapter;
B. 
Represent the city, under the authority of the city manager, in discussions and in establishing agreements with the person(s) who represent the event;
C. 
Coordinate with city departments and with other governmental agencies for the provision of governmental services for such community events;
D. 
Establish the terms and conditions, insurance requirements, security requirements, crowd control safeguards, parking issues, appropriate fees, and the time(s), place and manner of the event consistent with this chapter, conflict with any other events occurring nearby, any implementing regulations/guidelines, and other provisions of the municipal code applicable to the event.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
The provisions for the issuance of community events permits shall not be subject to the zoning and building sections of this code and such permits may be issued without compliance thereto. However, community events shall not be permitted in residential districts, except schools, religious institutions and places of public assembly located in such districts as defined in Title 17 of the HMC.
(Ord. 1945 § 2, 2009)
Except as otherwise provided by this chapter or other applicable law, rule or regulation or any permit or license issued hereunder, a permit shall be required to be obtained from the community event coordinator for a community event. A "community event" means any of the following:
A. 
An assembly on public or private property consisting of persons, animals, vehicles, or any other combination thereof, which may impact a public street, highway, alley, sidewalk or other city-owned property or public rightof-way and which: (1) may impede, obstruct, impair or interfere with free use of such public street, highway, alley, sidewalk, or other public way owned, controlled, or maintained by the city; (2) does not comply with normal or usual traffic regulations or controls; or (3) requires Los Angeles County fire department approval. Examples of such events may include recreation events, competition/contests/spectator sports, fairs, festivals, carnivals, ticketed events, or sales/trade shows.
B. 
Any activity or event involving fifty or more persons on property owned, leased, controlled, or maintained by the city or a school district, and not subject to the requirements of subsection A of this section, or where the city or school district is acting strictly in a proprietary role.
C. 
Farmers markets, as further governed by Section 9.39.150 of this code.
D. 
Food truck gatherings, as further governed by Section 9.39.155 of this code.
E. 
Exemptions. An activity or event is exempt from the community event permit requirement if it falls within one of the following categories. However, departmental service charges may still be incurred for events undertaken pursuant to this subsection to the extent otherwise authorized by this chapter and the administrative guidelines adopted pursuant to this chapter.
1. 
An activity or event conducted pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the city council;
2. 
An activity or event conducted by the city of Hawthorne or the Hawthorne, Los Angeles Unified School District, Wiseburn or Centinela Valley School District, and held on its own property for a duration of no longer than two consecutive days, such as a car wash or bake sale. This specific exemption does not apply when: (a) such events on school district property impede upon any city-owned property or right-of-way, or (b) the city or school district acts strictly in a proprietary role;
3. 
Parades, which are governed by Chapter 9.38 of this code;
4. 
Events occurring at city parks or within city park facilities and buildings, which are governed by Chapter 2.24 of this code, except that food truck gatherings occurring at city parks or within city park facilities and buildings shall be governed by the requirements of this chapter.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009; Ord. 2006 § 5, 2011)
A. 
To receive a community event permit, a person must complete and file a community event application with the community event coordinator, or a designated representative, on a form approved by the city. Complete applications must be submitted a minimum of ninety days prior to the event. Incomplete applications submitted less than ninety days prior to the event will not be accepted. The applicant must provide the following information:
1. 
A description of the proposed use, event, or activity and the anticipated impact to public property and public rights-of-way in the vicinity;
2. 
The street or other public or publicly leased property and the specific area or areas thereof which will be utilized in connection with the proposed use, event, or activity as well as a plot plan of the proposed area;
3. 
The manner in which the public property will be utilized, the number of anticipated attendees and the proposed parking plan;
4. 
The date or dates and the specific times thereof, including set-up and tear-down, the property is to be utilized for the described use, event, or activity;
5. 
The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed event;
6. 
The name, address and telephone number of the person or persons to be contacted regarding the application or permit;
7. 
The application shall be submitted along with the application fee and deposit for the estimated fee to cover any and all city fees including city personnel and/or equipment.
B. 
The community event coordinator may refer the application to such city departments as deemed necessary from the nature of the application for review, evaluation, investigation and recommendations regarding approval or disapproval of the application.
C. 
An application must be submitted and reviewed in accordance with the time limits established in administrative regulations and guidelines established pursuant to Section 9.39.200.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009; Ord. 2051 § 1, 2013)
Subject also to Section 9.39.070, the community events coordinator shall issue a community events permit, if it is determined that all of the following criteria have been met:
A. 
The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or other applicable laws, rules, or regulations;
B. 
The preparation for or the conduct of the proposed use, event or activity will not unreasonably or unfeasibly burden city resources necessary to preserve the public's use of the street in the area contiguous to the street or other public property;
C. 
The preparation for or the conduct of the proposed use, event or activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the city's ability to perform municipal functions or furnish city services in the vicinity of the permit area;
D. 
The permit for the proposed event can be scheduled or conditioned to avoid conflict with any other event in the vicinity, and the proposed use, event, or activity does not otherwise present a substantial or unwarranted safety, noise, or traffic hazard;
E. 
The proposed event will be of a nature and size appropriate to the proposed venue, location, or site, will occur during a time period approved for that venue, location, or site, and will fall within the frequency limitations established by administrative guidelines adopted pursuant to this chapter;
F. 
The proposed event will not include live animals in violation of Hawthorne Municipal Code Chapter 6.27;
G. 
Sufficient parking areas and a plan for the safe and efficient circulation of cars for the proposed event have been demonstrated and, if required, a transportation management/parking plan has been approved for the event by the city;
H. 
The proposed event will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated.
In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
The community events coordinator shall deny an application for a community events permit or revoke a permit if the community events coordinator finds any of the following:
A. 
The application does not satisfy the requirements of this chapter or the administrative regulations adopted thereto;
B. 
The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the application process;
C. 
The application does not contain the information required by this chapter;
D. 
The applicant fails to comply with any conditions of approval including, but not limited to:
1. 
Remittance of fees, charges or deposits that shall be paid to the city at least thirty days prior to the event,
2. 
Submittal of an indemnification agreement and/or proof of insurance to the extent required,
3. 
Timely receipt of all required approvals;
E. 
The applicant fails to agree as a condition of permit issuance that if city property is destroyed or damaged by reason of permittee's use, event or activity and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property;
F. 
Any illegal activity;
G. 
Any activity that threatens the public health, safety and welfare;
H. 
Any activity that occurs that was not specifically stated in the approved application.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009; Ord. 2051 § 1, 2013)
Except as otherwise provided by this code or any other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the city council, the permit application fees and other additional fees and charges, including neighborhood notification fees, for the use of city streets or other city-owned or controlled property pursuant to this chapter shall be established by the city council by resolution. The specified fee shall be paid at the time of submission of the application.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
Any applicant aggrieved by an adverse decision under Section 9.39.060 or 9.39.070 may appeal such decision of the community events coordinator by filing a written notice of such appeal with the city manager within five business days of the decision. The city manager shall decide the appeal within one working day. The city manager's decision shall be final except for judicial review.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
It is unlawful for any person to interfere or disrupt a community event permitted under this chapter. In deciding whether a person's actions either interfere or disrupt a community event, no consideration may be given to the message, the content of the speech, the identity or associational relationship of the person allegedly disrupting the event, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the person or persons allegedly disrupting the community event.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
Each permittee shall execute a hold harmless agreement in a form approved by the city agreeing to defend, indemnify, and hold harmless the city, its elected officials, employees, agents, and volunteers against losses and liabilities incurred from the conduct of the permittee or its officers, employees, and agents. The hold harmless agreement shall contain a provision that the duty to defend is wholly independent of and separate from the duty to indemnify and such duty to defend exists regardless of any ultimate liability of the permittee.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
Except as otherwise prohibited by law or an exemption is obtained as provided by this chapter and the implementing regulations, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the city, its boards, elected official, officers, agents, employees, and volunteers as named insureds or additional named insureds and which provides the coverage that the city attorney determines to be necessary and adequate under the circumstances. Proof of insurance shall be submitted to the city prior to issuance of the permit and maintenance of this insurance shall be a condition of the permit.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
Temporary or nonpermanent sign(s) identifying or pertaining to the community event may be installed by the permit holder, or designee, within the event site as defined in the community event permit. The logo of a commercial sponsor may be included on a small area of the temporary sign, not to exceed one square foot. However, the logo of tobacco sponsors shall be prohibited. All signs shall be removed within one hour of conclusion of the event.
Directional signs may be installed by the permit holder, or designee, provided that each sign is less than two square feet in size, attached to a street light or other utility pole at a height of between five and six feet without damaging the finish of the pole, and installed less than two hours prior to the start of the event and removed within one hour of the completion of the event. A plan showing the type and location of the proposed directional signs must be submitted as part of the community event permit application and be approved by the city. The city may remove signs that do not meet the installation and removal requirements of this section and shall charge the permittee for the cost of this removal.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
A. 
In addition to the payment of the nonrefundable permit application fee and as detailed in the administrative guidelines adopted pursuant to this chapter, a permittee shall pay the city for city departmental service charges incurred in connection with or due to the permittee's activities under the permit unless the event was city-produced or city coproduced. The deposit for police officer(s), any other city personnel and any other fees shall be remitted prior to the event, with final invoices and/or credits being forwarded to events applicant after conclusion of the event.
B. 
The community event coordinator shall submit the final invoices and billings for department charges to the permittee no later than ten working days after the expiration date of the permit.
C. 
The permittee shall reimburse the city for the actual cost of providing Hawthorne police officers or licensed security personnel pre-approved by the Hawthorne police department and any other city personnel as deemed necessary by the community events coordinator in order to ensure the health, safety and welfare of event patrons, residents, workers and other visitors, to protect city property, to deter the occurrence of illegal activity from occurring at community events and to protect the community event permit holders.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
This section sets forth additional procedures for approval of farmers markets, as defined herein. If any provision conflicts or is inconsistent with other code sections, interpretation shall first seek to apply both provisions in the conjunctive, or otherwise seek the more restrictive result.
A. 
Definition. "Farmers market" means a community event operated by an entity with at least three years' experience in event and entertainment planning for farmers markets, approved by the city manager, and devoted primarily to the distribution and sale of agricultural products, flowers and plants, prepared food, and items incidental to food growing and gardening, except that events wherein no more than ten percent of the booths are devoted to items unrelated to agriculture and food, such as arts, crafts, clothing or antiques, shall nevertheless be considered a "farmers market" event. The term "farmers market" shall not include the sale or distribution of alcoholic beverages nor does it include flea markets, swap meets, auctions, open air markets, or other similarly named or labeled activities. However, community booths by the city of Hawthorne, the school district or the county of Los Angeles will be allowed. In addition, live music and/or entertainment shall be allowed as part of farmers markets permitted under this section.
B. 
Findings of Fact. To approve a community events permit for a farmers market, the community events coordinator must find the following:
1. 
The proposed site abuts a road classified as a major arterial in the general plan, and is suitable for a farmers market considering its location, size, including staging area, and accessibility, such as the availability of nearby parking.
2. 
Any significant adverse environmental impact to residential properties in the vicinity can be mitigated, and the farmers market does not present an unwarranted noise or traffic burden. Mitigation may include: limiting the number of vendor booths; operating hours; and/or operating days to minimize the impacts to the surrounding neighborhood.
3. 
The application demonstrates that the farmers market will be operated safely and in accordance with all applicable laws and regulations.
4. 
The farmers market will not unreasonably burden city resources necessary to protect the security and welfare of the public.
C. 
Application for a Farmers Market. In addition to the requirements for a community event permit, an application for a farmers market must include the following:
1. 
An accurate, scaled site plan showing the proposed layout of the farmers market and staging area, including the placement of participant booths, temporary structures, patron walkways, ingress and egress, parking plan and circulation of cars and the location of live music and/or entertainment (if provided);
2. 
With the site plan noted above, identification of booths generally as either: (a) booths related to the distribution and sale of agricultural products, flowers and plants, prepared foods and items incidental to food growing and gardening, or (b) those booths unrelated to agriculture and food (i.e., arts and crafts) so that the community events co-ordinator may verify that the event has no more than ten percent of the booths devoted to items unrelated to agriculture and food. If identification of each booth is not possible at the time of application, the applicant shall attest that the farmers market proposed qualifies as a farmers market as defined by this section;
3. 
The applicant's responses to all required findings of fact;
4. 
The lease or license agreement between the applicant and the owner of the subject property;
5. 
The internal rules for participant producers and vendors, which demonstrate the applicant's knowledge of applicable laws and regulations and commitment to their enforcement;
6. 
A calendar reflecting whether simultaneous events will occur at the site of the farmers market and the plan to deal with parking and other issues that may arise from two or more events occurring at the same time.
D. 
Permit for a Farmers Market. The community event permit for a farmers market shall be valid for one year, and shall set forth the schedule of dates and operating hours, conditions of approval, and other operating rules and restrictions.
(Ord. 1945 § 2, 2009; Ord. 2220 § 2, 2021)
This section sets forth additional procedures for approved food truck gathering, as defined herein. If any provision conflicts or is inconsistent with other code sections, interpretation shall first seek to apply both provisions in the conjunctive, or otherwise seek the more restrictive result.
A. 
Definition. "Food truck gathering" means a community event which includes a consortium of mobile food vendors devoted to the sale of prepared food products primarily for consumption in the immediate vicinity for a specified pre-determined period of time at a specified pre-determined location. Food truck participation as an accessory to any community event, regardless of the number of participating trucks, shall be considered a "food truck gathering" and shall be subject to the regulations herein described. A proposed community event shall not be denied solely on the basis of food truck participation, however, the food truck portion of a proposed event may be denied, conditioned or reduced in accordance with the regulations of this chapter.
B. 
Findings of Fact. To approve a community events permit for a food truck gathering, or other events that include participation of one or more food trucks, the community events coordinator must find the following:
1. 
The proposed site is suitable for a food truck gathering considering its location, the size of the gathering (number of vendor participants), impact on parking and circulation, and any other factor determined by the community events coordinator, with input from other city departments, to be relevant to site selection. Specifically:
a. 
Sufficient restroom facilities shall be located no farther than five hundred feet from the food gathering event;
b. 
The number of participant food trucks shall be limited to one truck per thirty parking spaces on-site. Where trucks can be parked and do not block or impede access to striped parking spaces or drive aisles, those trucks shall require twenty-five parking spaces per truck. Based on circulation, parking, past experience, and other factors, the approved number of participant trucks may be adjusted downward by the community events coordinator.
2. 
Any potential significant adverse environmental impact to properties in the vicinity can be mitigated, and the food truck gathering does not present an unwarranted noise or traffic burden. Mitigation may include: limiting the number of vendors, operating hours, and/or operating days to minimize any significant detrimental impacts to the surrounding neighborhood.
3. 
The food truck gathering will be operated safely and in accordance with all applicable laws and regulations.
4. 
The food truck gathering will not unreasonably burden city resources necessary to protect the security and welfare of the public.
C. 
In addition to the requirements for a community event permit, an application for a food truck gathering must include the following:
1. 
An accurate, scaled site plan showing the proposed layout of the food truck gathering, including the placement of participant vehicles, on-site parking and circulation;
2. 
The applicant's responses to all required findings of fact;
3. 
The lease, license, or other agreement between the applicant and the owner and/or business of the subject property;
4. 
The rules for participant vendors, which demonstrate the applicant's knowledge of applicable laws and regulations and commitment to their enforcement;
5. 
The written agreement between the applicant and the owner and/or business that will allow the patrons of the food truck gathering to use nearby restroom facilities;
6. 
A showing that the food truck gathering will be operated safely and in accordance with all applicable laws and regulations.
D. 
The holder of the permit is responsible to ensure that each participating vendor at all permitted events has a valid and current Hawthorne business license.
E. 
The fee for a community event permit for a food truck gathering shall be set forth in a schedule of fees approved by the city council. Applications for each permit must be accompanied by payment of the appropriate permit fees and are subject to any new or revised conditions that may arise based on the previous permits, if any. Approved permits shall set forth the date and operating hours, conditions of approval, and other operating rules and restrictions.
F. 
In addition to the regulations of food trucks in Section 5.57.040 of this code, each food truck gathering shall adhere to the following regulations for vending from vehicles:
1. 
Each operator of such vehicle shall possess and at all times display in conspicuous view upon each such vehicle a city business license issued pursuant to Title 5 of this code.
2. 
No vehicle shall be parked, stopped or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of emergency vehicles upon the area of the food truck gathering event.
3. 
Each vehicle shall be equipped with trash receptacles of sizes adequate to accommodate all trash and refuse generated by such vending.
4. 
Each vendor or food truck gathering organizer or applicant shall pick-up and deposit in the trash receptacle any paper, cups, wrappers, litter or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty-five feet of such vehicle on any public or private property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor.
5. 
No vending shall be permitted except after the vehicle has been brought to a complete stop and parked in accordance with the city approved scaled site plan showing the proposed layout of the food truck gathering.
(Ord. 2006 § 6, 2011)
Additional procedures and criteria for conducting races/runs/walks shall be as follows:
A. 
The city council shall be the decision-maker for races, runs and walks after the community events coordinator issues a recommendation;
B. 
No motorized vehicle races shall be permitted.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
It is unlawful for the permittee conducting a community event to use the words "the city of Hawthorne" or "city of Hawthorne" to suggest or indicate that the event is sponsored by the city or to use a facsimile of the seal or logo of the city of Hawthorne in the promotional materials or advertising for the event without the city's authorization.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
A. 
Smoking shall be prohibited at all community events held pursuant to this chapter. "Smoking" or "to smoke" shall mean the possession of a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including a lighted pipe, cigar, hookah pipe, or cigarette of any kind; and the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant, including a pipe, cigar, hookah pipe, or cigarette of any kind. Tobacco product and tobacco paraphernalia are defined in Section 8.48.010.
B. 
Posting of Signs. The permittee, at the city's request shall cause the installation of "No Smoking" signs at the location of the community event, with letters of no less than one inch in height and including the international "No Smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar. Such signs shall be clearly and conspicuously posted and maintained at all main entrances to the community event and additional signs shall be posted in a quantity and manner reasonably likely to inform individuals attending the community event.
(Ord. 1971 § 8, 2010)
The city manager, or designee, shall adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this chapter. All such administrative regulations must be in writing.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
The issuance of a community events permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this code.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)
Any person who intentionally violates any of the provisions of this chapter shall be guilty of a misdemeanor or shall be subject to the administrative remedies contained in Chapters 1.23A and/or 1.23B of the Hawthorne Municipal Code.
(Ord. 1880 § 1, 2007; Ord. 1945 § 2, 2009)