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.
"Block party"
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.
"City manager"
means the city manager of the city of Temecula and his or
her designee.
"Departmental services charges"
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.
"Expressive activity"
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.
"Event organizer"
means any person who conducts, manages, promotes, organizes,
or solicits attendance for a special event.
"Park"
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.
"Person"
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.
"Sidewalk"
means that portion of a street or highway, other than the
roadway, set apart for pedestrian travel by curbs, barriers, markings,
or other delineation.
"Special event"
means:
1.
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
2.
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
3.
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
4.
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;
5.
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.
"Spontaneous event"
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.
"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)
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)
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)