A.
People
may gather on sidewalks and parks for the purpose of expression, dissemination,
or communication of opinion, views, or ideas by any means, including,
but not limited to, public oratory and the distribution of literature
protected by the First Amendment to the United States Constitution
("Expressive Activities"), on any day and at any time without a permit
and without being subject to any city fees or charges. People gathering
for such purposes shall comply with all laws and ordinances, including
traffic and pedestrian laws and ordinances, and shall be subject to
prior use reservations of the parks.
1.
The
following parks provide good facilities for persons to gather for
expressive activities: (a) Temecula Duck Pond Park; (b) Ronald Reagan
Sports Park picnic shelter area; (c) Margarita Community Park and
(d) Town Square at Mercedes St. and Main Street in Old Town Temecula
(upon completion).
2.
These
are not the only parks available for expressive activities but they
do provide adequate space and parking for such activities.
B.
Expressive
activities on a street shall require a special events permit under
this chapter. Such events could create safety hazards for participants
and disrupt traffic and activities in the areas surrounding the event.
The special events permit process under this chapter will enable the
city manager and the event organizer to mitigate these potential concerns.
People who want to hold special events involving expressive activities
on a street, however, shall not be required to:
1.
Pay an application fee otherwise required by Section 12.12.050(D) and related fees;
(Ord. 09-06 § 1)
As used in this chapter, the following words shall have the
meanings set forth in this section unless the context clearly requires
a different meaning.
means a special event in which one or more blocks in a single
family residential neighborhood are closed for the purpose of a special
event for the persons residing in that neighborhood.
means the city manager of the city of Temecula and his or
her designee.
means the actual costs that a department of the city incurs
in connection with activities for which a special event permit is
required under this chapter; including, but not limited to, costs
associated with fire safety, traffic and/or pedestrian control, water
safety, the closure of streets or intersections, the diverting of
traffic, the salaries of city personnel involved in administration
or coordination of city services for the event, the cost to the city
to provide support personnel, equipment, materials, and supplies,
and related city costs such as administrative overhead, employee benefits
or employee overtime.
means conduct, of which the sole or principal object is the
expression, dissemination, or communication of opinion, views, or
ideas by any means; including, but not limited to, public oratory
and the distribution of literature protected by the First Amendment
to the United States Constitution.
means any person who conducts, manages, promotes, organizes,
or solicits attendance for a special event.
means any city park or recreational facility except for the
city skate park. Park does not include: Temecula Library; Temecula
Old Town Community Theater; Children's Museum; Historical Museum;
Community Recreation Center building; Community Center building on
Pujol Street or designated park maintenance areas.
means any natural person, firm, association, joint venture,
joint stock company, partnership, organization, club, company, corporation,
business trust, or manager, lessee, agent, servant, officer or employee
or any of these.
means that portion of a street or highway, other than the
roadway, set apart for pedestrian travel by curbs, barriers, markings,
or other delineation.
means:
Except as otherwise provided in Section 12.12.010 for expressive activities, any organized formation, procession, or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison on any sidewalk, or other public right-of-way owned or controlled by the city, state of California or county of Riverside, other than a street, consisting of seventy-five or more persons; or
Any organized formation, procession or assembly of persons,
animals, vehicles, or any combination thereof, that assembles or travels
in unison for any purpose, including expressive activities, on any
street; or
Except as otherwise provided in Section 12.12.010 for expressive activities, any organized assemblage of seventy-five or more persons at any public place, property or facility that gathers for a common purpose under the direction or control of a person; or
Except as otherwise provided in Section 12.12.010 for expressive activities, any other organized activity involving seventy-five or more persons conducted by a person for a common or collective use, purpose or benefit which activity involves the use of public property or facilities and which may require the provision of city public services for street blockage, erecting barriers, construction, traffic control, crowd control;
Examples of special events include, but are not limited to,
concerts, parades, circuses, fairs, festivals, block parties, street
fairs, community events, mass participation sports (such as marathons
and other running events), athletic or sporting events, and community
celebrations and observances conducted on public property or public
rights of way, other than expressive activities.
means a permit issued pursuant to this chapter.
means any special event involving expressive activity that
is occasioned by news or affairs coming into public knowledge within
five days of a special event and is conducted in a public street.
means a way or place of whatever nature, publicly maintained
and open to use of the public for purposes of vehicular travel, including
highways or alleys, owned or controlled by the city, state of California,
or county of Riverside.
(Ord. 09-06 § 1)
A.
Special Event Permit Required. Except as otherwise provided in Section 12.12.010 for expressive activities, no person shall conduct, cause to be conducted, participate or engage in, hold, manage, permit, or allow another to conduct a special event without first having obtained a written special event permit issued by the city manager pursuant to the procedures established in this chapter.
B.
Authority
of City Manager to Approve Sale and/or Use of Alcoholic Beverages.
The city manager may approve and permit the sale or use of alcoholic
beverages in public areas in connection with a special event permit,
even where such sale or use is otherwise prohibited by this code,
provided that such sale or use shall, at all times, comply with all
other applicable provisions of law and the terms of the special event
permit.
C.
Authority
of City Manager to Close Streets. Pursuant to Vehicle Code Section
21101(e) and other applicable law, the city council hereby designates
the city manager as the city employee with authority to temporarily
close a portion of any street for celebrations, parades, special events,
and other purposes when, in the opinion of the city manager, the closing
is necessary for the safety and protection of persons who are to use
that portion of the street during the temporary closing. This authority
exists whether or not the closure is in connection with a permit issued
under this chapter.
D.
City
Not Obligated to Provide Support for Special Event. Issuance of a
special events permit pursuant to this chapter does not obligate or
require the city to provide city services, equipment, or personnel
in support of an event. The city manager may nevertheless provide
such services, equipment or personnel if such are reasonably available
and the event organizer makes provisions to reimburse the city for
the cost thereof.
E.
Traffic
Control Plan Required. A traffic control plan shall be required if
the applicant proposes to close or partially close any traffic lanes
within a street. The traffic control plan shall be submitted by the
applicant and approved by the city traffic engineer in accordance
with the public works department's "Guidelines for Preparation of
Traffic Control Plans."
(Ord. 09-06 § 1)
A.
The
following activities are exempt from the special event permit requirement:
1.
Expressive activities described in Section 12.12.010(A);
2.
Funeral
processions by a licensed mortuary or funeral home;
3.
Activities
conducted by a governmental agency acting within the scope of its
authority;
4.
Filming
activities governed by the other provisions of the Temecula Municipal
Code;
6.
Events
in rooms rented to the public in city facilities.
B.
Spontaneous
Events.
2.
If
a spontaneous event is to be held on a street or city facility other
than a sidewalk or park, the organizers thereof shall give written
notice to the city manager at least twenty-four hours prior to such
parade or assembly. Such written notice shall contain all of the following
information:
a.
The name, address, and telephone number of the event organizer, who
shall be considered a permittee for the purposes of this section;
b.
The name, address, and telephone number of the headquarters of the
event organizer and, if an organization is an event organizer, the
responsible head of such organization;
c.
The name, address, and telephone number of the person who will chair
the spontaneous event and who will be responsible for its conduct;
d.
The location and date of the proposed spontaneous event, including
the assembly area, disbanding area, and route to be traveled;
e.
An estimate of the approximate number of persons who will be participating
in the spontaneous event and an estimate of the approximate number
of persons who will be observing the parade or assembly;
f.
The time at which the spontaneous event will start and conclude;
and
g.
The type of security or other arrangements that will be provided
to assure that participants are properly directed.
3.
The city manager may impose reasonable time, place, and manner restrictions on spontaneous events in a street as provided in Section 12.12.060 whether or not said activities are governed by the permit requirements set forth in this chapter.
4.
The city manager may deny permission to conduct a spontaneous event if the city manager makes a finding requiring denial pursuant to Section 12.12.060.
a.
Such finding by the city manager shall be made no later than six
hours before the scheduled start time for the event. If the city manager
denies permission for a spontaneous event, the city manager shall
immediately provide notice of the denial, including the reason or
reasons for the denial, by telephone to the event organizer, and shall
also provide written notice of the denial including the reason for
the denial. If the event organizer provides a fax number for the purpose
of receiving notices, the city manager shall provide written notice
of the denial by fax immediately upon making the denial decision.
(Ord. 09-06 § 1)
A.
Filing
of Application. The application for a special event permit under this
chapter shall be filed with the city manager.
B.
Time
for Filing Application. Applications shall be filed not less than
sixty calendar days, nor more than one year before the time it is
proposed to conduct the special event; except for the following:
1.
Applications
for block parties shall be filed at least ten working days prior to
the event.
2.
Applications
for special events involving expressive activities in a street shall
be filed no earlier than one year before the event and no later than
ten working days before any event to take place on a street or public
facility other than a sidewalk or park.
C.
Waiver
of Appeal. If an applicant for an event involving an expressive activity
or block party desires to ensure the opportunity for an appeal to
the city council in accordance with subsection 12.12.140(A), the application
shall be filed with the city manager not less than thirty calendar
days, nor more than one year before the time when it is proposed to
conduct the event. Failure to file the application at least thirty
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 event organizer 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.
D.
Application Fee. Except as otherwise provided by this chapter or other applicable law, rule or regulation any permit fee, application fee, daily fee, and other additional fee (other than departmental services charges) 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. As provided in Section 12.12.010, an application fee shall not be charged for any expressive activity on a sidewalk or park nor for a special event involving expressive activity in a street.
E.
Expedited
Processing. The city manager shall have the authority, if good cause
is shown and the nature of the application reasonably and feasibly
lends itself to expedited processing, to consider, grant, or deny
any application filed later than the time prescribed in this section.
F.
Authority
to Accept Late Application. Except as otherwise provided by this code,
the city manager shall determine whether or not a special event permit
application is complete within ten business days. In the case of an
event involving expressive activity, the city manager shall determine
whether or not such application is complete within twenty-four hours.
Notwithstanding the city manager's acceptance of a completed application,
no special event date shall be considered confirmed until a special
event permit is issued.
G.
Information
Required in Application. Special event permit applications shall be
upon a form furnished by or acceptable to the city manager and shall
contain full, complete, and detailed information including, but not
limited to, the following:
1.
The
name, address, and telephone number of the event organizer;
2.
Except as provided in Section 12.12.010 for expressive activities, a certification that the event organizer shall be financially responsible for any city fees, departmental services charges or costs that may lawfully be imposed for the event;
3.
The
name, address, and telephone number of the event organizer, if any,
and the chief officer of the event organizer;
4.
If
the special event is to be held by, on behalf of, or for any organization
other than the event organizer, the event organizer shall file a written
communication from such organization:
5.
A
copy of the tax exemption letter issued for any applicant claiming
to be a tax exempt nonprofit organization;
6.
A
statement of the purpose of the special event;
7.
A
statement of any fees to be charged to participants or spectators
in connection with the special event;
8.
The
proposed location of the special event including a plot plan depicting
the placement of temporary structures or facilities on public property
or public rights-of-way;
9.
The
date and times when the special event is to be conducted;
10.
The approximate times when assembly for, and disbanding of, the special
event is to take place;
11.
The proposed locations of the assembly or production area;
12.
In the case of a parade, marathon, or other similar event, the specific
proposed site or route, including a map and written narrative of the
route;
13.
The proposed location for any disbanding area;
14.
Proposed alternate routes, locations, or times, where applicable;
15.
The approximate number of persons, animals, or vehicles that will
participate in the special event;
16.
The kinds of animals anticipated to be part of the special event;
17.
A description of the types of vehicles to be used in the special
event;
18.
The number of bands or other musical units and the nature of any
equipment to be used to produce sounds or noise;
19.
Other equipment or services necessary to conduct the special event
with due regard for participant and public health and safety;
20.
The number of persons proposed or required to monitor or facilitate
the special event and provide spectator or participant control and
direction for events using city streets, sidewalks, or facilities;
21.
Provisions for first aid or emergency medical services, or both,
based upon event risk factors;
23.
Any special or unusual requirements that may be imposed or created
by virtue of the proposed event activity;
24.
Any other information reasonably required by the city manager.
(Ord. 09-06 § 1)
A.
Time
for Decision. Completed applications for a permit authorizing a special
event shall be denied, approved, or conditionally approved by the
city manager within thirty days after the city manager determines
that the application is complete. Completed applications for a permit
involving "expressive activity" as defined in this chapter shall be
denied, approved, or conditionally approved by the city manager within
five business days after the city manager determines that the application
is complete. In the case of special event permit involving expressive
activity on a street, the city manager 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 city manager 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.
B.
Conditions
of Approval. The city manager may approve any special event permit
with reasonable conditions 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 imposed by the city manager may include, but are not limited
to, the following:
1.
The
establishment of an assembly or disbanding area for a parade or similar
event;
2.
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;
3.
Conditions
designed to avoid or lessen interference with public safety functions
and/or emergency service access;
4.
Limiting
the number and type of vehicles, animals, or structures to be displayed
or used in the event;
5.
The
inspection and approval by city personnel of stages, booths, floats,
structures, vehicles, or equipment to be used or operated in the event
to ensure that such structures or vehicles are safely constructed,
can be safely operated, and conform to the requirements of all applicable
codes;
6.
A
cleaning deposit if the event includes using structures, 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;
7.
The
provision and use of traffic cones or barricades;
8.
The
provision or operation of first aid stations or sanitary facilities,
including handicap accessible sanitary facilities;
9.
The
provision of a waste management plan, and the clean up and restoration
of the site of the event;
10.
Limits on the use of sound amplification equipment or restrictions
on the amount of noise generated by motors and other equipment used
in the course of the event;
11.
Provision of reasonable notice of permit conditions to event participants
and to those businesses or residents who may be directly affected
by the conduct of the event;
12.
The provision or use of emergency services;
13.
The reasonable designation of alternate sites, times, dates, or modes
for exercising expressive activity;
14.
The obtaining of any and all business licenses or other necessary
permits required by this code for the sale of food, beverage, or other
goods or services at the event; and
15.
The manner by which alcohol sales and service, if any, shall be conducted
at the event.
16.
Implementation of a traffic control plan approved pursuant to Section 12.12.030(E).
C.
Specific
Grounds for Approval. The city manager shall issue a permit under
this chapter if the city manager finds that the following criteria
have been met:
1.
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;
2.
The
event will not substantially interrupt the safe and orderly movement
of aerial or marine navigation;
3.
The
event will not substantially interrupt public transportation or other
vehicular and pedestrian traffic in the area of its location;
4.
The
event will not conflict with construction or development in the public
right of way or at a public facility;
5.
The
event will not require the diversion of public safety or other city
employees from their normal duties so as to unreasonably reduce adequate
levels of service to any other portion of the city;
6.
The
concentration of persons, animals or vehicles will not unreasonably
interfere with the movement of police, fire, ambulance, and other
public safety or emergency vehicles on the streets;
7.
The
event will not unreasonably interfere with any other special event
for which a permit has already been granted or with the provision
of city services in support of other scheduled events or scheduled
government functions;
8.
The
event will not have an unmitigatible adverse impact upon residential
or business access and traffic circulation in the same general venue
area;
9.
The
event will not adversely affect the city's ability to reasonably perform
municipal functions or furnish city services;
10.
The proposed use, event or activity will not have a significant adverse
environmental impact;
11.
That in the case of a block party or other similar neighborhood event,
the applicants have submitted a petition in favor of the event which
has been signed by individuals representing at least sixty-six percent
of the households on the block affected by the permit;
D.
Specific
Grounds for Denial. The city manager may deny any application for
a special event permit or revoke any such permit if the city manager
finds any of the following:
1.
The
permitted event or activity will unreasonably disrupt traffic within
the city; or
2.
The
permitted event or activity will unreasonably interfere with access
to police or fire stations, or other public safety facilities; or
3.
The
location of the event or activity will cause undue hardship to adjacent
businesses or residents;
or
4.
The
permitted event or activity will require the diversion of so many
public employees that allowing the event would unreasonably deny service
to the remainder of the city; or
5.
The
application contains incomplete, false or misleading information;
or
6.
The city manager is unable to make all of the relevant findings pursuant to subsection 12.12.060(C);
or
7.
The
applicant fails to comply with all terms of this chapter including
failure to remit all fees and deposits, or fails to provide proof
of insurance and/or an indemnification agreement as required by this
chapter; or
8.
The
event is proposed for a time and place for which another event permit
has been or will be issued to a prior applicant; or
9.
The
proposed area for the assembly or for the set up or dispersal of a
parade or demonstration could not physically accommodate the number
of participants expected to participate in the assembly, parade or
demonstration; or
10.
The parade, assembly or demonstration is proposed to take place on
the roadway portion of any street in a commercial or retail zone between
the hours of 7:00 a.m. and 10:00 a.m. or between the hours of 4:00
p.m. and 6:30 p.m., Monday through Friday, unless the parade, assembly
or demonstration will occur on a national holiday; or
11.
The parade, assembly or demonstration will violate any federal, state
or local law or regulation; or
12.
The applicant is legally incompetent to contract or to sue and be
sued; or
13.
The applicant or the person or entity on whose behalf the application
for permit was made has on prior occasions damaged city property and
has not paid in full for such damage, or has other outstanding and
unpaid debts to the city; or
14.
The proposed event would present an unreasonable danger to the health
or safety of the applicant, spectators, city employees, or members
of the public; or
15.
The applicant has not complied or cannot comply with applicable licensure
requirements, ordinances or regulations of the city concerning the
sale, offering for sale, or distribution of any goods or services.
E.
No
Consideration of Content. In determining whether to approve, deny,
or revoke a special event permit for an event involving expressive
activity, no consideration may be given to the message of the event,
the content of the speech, the identity or associational relationships
of the event organizer or its members or affiliates, or to any assumptions
or predictions as to the amount of hostility which may be aroused
in the public by the content of the speech or the message conveyed
during the event.
F.
Referral
to City Departments. The city manager may refer a special event permit
application to such appropriate city departments as the city manager
deems necessary from the nature of the application for review, evaluation,
investigation, and recommendations by the departments regarding approval
or disapproval of the application.
G.
False
or Misleading Statements. The city manager may deny any application
for a permit or revoke any permit if the city manager determines that
the event sponsor or any agent, employee or associate of any such
event organizer has willfully made any false or misleading statement
in an application or has not fully complied with the requirements
of this chapter or has violated any of the provisions of this chapter
or the provisions of any other applicable law, rule or regulation.
H.
Notice of Decision. An event organizer whose permit application is denied, or whose permit is revoked, pursuant to this section shall be immediately notified of the action of denial or revocation, which notification shall contain a statement setting forth the reasons for said denial or revocation as well as a reference to the appeal provisions set forth in Section 12.12.140. Notification, pursuant to this subsection, shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application.
I.
Term of Permit. No special event permit issued under this chapter shall be for a period of more than two consecutive days except as otherwise provided in this code. Notwithstanding the foregoing, the city manager shall, upon timely application by a permittee, extend the duration of any special event permit for one additional period of not more than three consecutive days if the city manager finds that all criteria set forth in subsection 12.12.050(G) are being met and will continue to be met during the period of term extension.
(Ord. 09-06 § 1)
A.
Not Applicable to Expressive Activities. The provisions of this section shall not be applicable to expressive activities as specifically provided in Section 12.12.010.
B.
Indemnification
Required. Except as otherwise provided in this section, each permit
shall expressly provide that the permittee agrees to defend, protect,
indemnify and hold the city, Temecula community services district,
redevelopment agency of the city of Temecula and their officers, employees,
volunteers and agents ("indemnified parties") 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 permittee, its officers, agents or
employees in connection with the permitted event or activity; and
the permit shall expressly provide that the permittee shall, at permittee's
own cost, risk and expense, defend any and all claims or legal actions
that may be commenced or filed against the indemnified parties, and
that permittee 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
permittee or permittee's officers, agents or employees in connection
with the uses, events or activities under the permit.
C.
Insurance
Required. Except as otherwise provided in this section, concurrent
with the issuance of a permit under this chapter and as a condition
precedent to the effectiveness of the permit, the permittee shall
procure and maintain in full force and effect during the term of the
permit insurance as prescribed in regulations issued by the city manager.
If the city manager determines, after consultation with the city's
risk manager and the city attorney, that a particular special event
does not present a substantial or significant public liability or
property damage exposure for the indemnified parties, the city manager
shall give a written waiver of some or all insurance requirements
of this section.
D.
Block
Parties. The applicant for a special event permit for a block party
shall not be required to indemnify the city for potential injuries
that may occur at the block party. The applicant for the special event
permit for a block party shall, however, be required to provide the
insurance required by this section through his or her own purchase
of such a policy or through the payment of a fee for special city-provided
insurance.
(Ord. 09-06 § 1)
A.
Not Applicable to Expressive Activities. The provisions of this section shall not be applicable to expressive activities as specifically provided in Section 12.12.010.
B.
Applicant
to Pay for Departmental Charges. In addition to the payment of the
nonrefundable permit application fee or daily fee, a special event
permittee shall pay the city for all city departmental services charges
incurred in connection with or due to the permittee's activities under
the permit.
C.
Additionally,
if city property is destroyed or damaged by reason of permittee's
special event, the permittee shall reimburse the city for the actual
replacement or repair cost of the destroyed or damaged property.
D.
Time
for Final City Invoices. City departments shall submit the final invoices
and billings for departmental services charges to the city manager
or no later than twenty business days after the event giving rise
to the issuance of a permit.
E.
City's
Co-Sponsorship of a Special Event. The city council shall decide whether
the city will cosponsor a special event and, if so, the extent to
which the city will participate in the funding of the costs of the
event, fees, or department service fees based on the following factors:
1.
Advertisement
and promotion of the city in a positive light;
2.
Encouragement
of visitors and customers to the city or to a portion of the city;
3.
Recreational,
cultural and educational opportunities for persons in the city; and
4.
Similar
Public Purposes. If the Council decides to cosponsor a special event,
it shall enter into a sponsorship agreement with the permittee describing
the city's contributions in addition to the special event permit.
F.
Time for Payment of Deposit and City Department Service Charges. Unless otherwise authorized by the city manager in writing, at least three days prior to a special event permitted under this chapter, the applicant shall pay to the city a deposit in an amount sufficient to cover the total estimated city departmental services charges that the city manager estimates will be incurred in connection with the permit. Said deposit shall be paid in cash or other adequate security as determined by the city manager. If the deposit is less than the final charges calculated pursuant to Section 12.12.100, the permittee shall pay the difference to the city within ten working days of being invoiced for such charges from the city. If the deposit is more than such final charges, the city shall refund the difference to the permittee within the sixty days after the event.
(Ord. 09-06 § 1)
If a permittee is unable to hold or conduct a special event
due to inclement weather or some other cause not within the permittee's
control, and the permittee submits a written request for the refund
of such fees to the city manager's office within ten days after the
date that the use, event or activity was to have been held or conducted,
the city manager may authorize the refund of the fees or a pro rata
portion thereof, except for actual costs incurred by the city at the
time of cancellation and the nonrefundable application fees, which
have been paid by the permittee to the city in connection with a permit
issued under this chapter.
(Ord. 09-06 § 1)
It is unlawful for any person to obstruct, impede or interfere
with any authorized assembly, person, vehicle or animal participating
in a special event for which a special event permit has been issued.
(Ord. 09-06 § 1)
Violation of the provisions of this chapter may be enforced pursuant to the enforcement provisions set forth in Title 1 of this code.
(Ord. 09-06 § 1)
A.
Except
as provided in this chapter, any person aggrieved by any decision
of the city manager made pursuant to this chapter may appeal such
decision to the city council by filing a written notice of such appeal
with the city clerk within ten business days of the decision of the
city manager giving rise to said appeal. Such appeal shall set forth,
with particularity, the facts upon which the appeal is being made.
The city council shall, within sixty days of receiving such notice
of appeal, hold a hearing. At such hearing, the aggrieved party is
entitled to be heard and present evidence on his or her behalf. The
city council shall determine the merits of the appeal, and the city
council's determination to grant or deny the appeal shall be final.
When the necessity for a timely response so requires, the city council
may refer the matter to a hearing officer.
B.
Alternatively to the provisions of subsection 12.12.050(E), any applicant for a special event permit who is engaging in or intends to engage in "expressive activity" as defined in this chapter and who is aggrieved by a decision of the city manager made pursuant to this chapter may, at his or her election, appeal to the city council in accordance with this section. However, any appeal taken pursuant to this section may, by necessity, involve the postponement or delay of the activity for which a permit is sought.
(Ord. 09-06 § 1)
The city manager is authorized to promulgate additional policies,
rules and regulations that are consistent with and that further the
provisions set forth within this chapter and the provisions of law
that pertain to the conduct and operation of a special event.
(Ord. 09-06 § 1)
It is unlawful for any event organizer to use in the title of
the event the words "The city of Temecula" or "city of Temecula",
or facsimile of the seal or logo of the city of Temecula without city
council's prior written authorization.
(Ord. 09-06 § 1)
