"Free speech event"
means an event at which the expression of free speech rights is the principal purpose of the event. "Free speech rights" means expressive activity protected by the First Amendment of the United States Constitution or Article
1, Section 2 of the California Constitution.
"Special event"
means any of the following activities:
(1)
An event that will require the closure of a public street, or
a portion thereof, to vehicular traffic, such as a parade, block party
or street fair.
(2)
A temporary unenclosed use as defined in Section
19.61.050(a) of this code.
(3)
An event that is open to the public and advertised in advance that is reasonably expected to draw a crowd in excess of the permitted occupancy load of the building where the event will occur. Reasonable expectation may be shown by evidence that the person or entity organizing, sponsoring, or promoting the event has organized, sponsored, or promoted past similar events, either in Sunnyvale or elsewhere, that have required a public safety response in order to control crowds or traffic generated by the event. Reasonable expectation may also be shown by evidence that a reasonably prudent event organizer would anticipate that the event is likely to attract a crowd beyond the capacity of the facility to accommodate. This section does not apply to an event held at an entertainment establishment such as a bar, nightclub, restaurant, or theater as long as the event is authorized by and consistent with existing use permits and licenses governing the establishment, unless the establishment is required to obtain special event permits as part of an approved security plan under Chapter
9.47 of this code.
Exclusions.
The following activities shall not be considered special
events that require a special event permit:
(1)
An event sponsored by the city of Sunnyvale;
(2)
An event that is conducted pursuant to a contract with the city
of Sunnyvale;
(3)
An event held at a public park where the director of parks and recreation has issued a permit for exclusive use under Chapter
9.62 this code;
(4)
An event held at a city facility pursuant to a facility rental
agreement;
(5)
An event excluded by the administrative guidelines adopted pursuant
to this chapter; however, such event may still be subject to other
city permit requirements;
(6)
Funeral processions by a licensed mortuary.
(Ord. 2867-08 § 1; Ord. 2987-12 § 3)
Permit application fees and other additional fees and charges
shall be established by city council resolution. Fees and charges
may include, but are not limited to, cost of city personnel and equipment
involved in permit processing, event traffic control, police and fire
safety or other facility or event personnel, based on an approved
cost recovery schedule set by the city council in the fee resolution,
or the actual cost of such personnel if not referenced in the resolution.
(Ord. 2867-08 § 1)
Every person who violates any provision of this chapter shall
be guilty of a misdemeanor, provided that any violation may be charged
as an infraction at the discretion of the prosecutor. Each day or
portion thereof that such violation continues or reoccurs shall be
a new and separate violation.
(Ord. 2867-08 § 1)
The provisions of this chapter are not intended to be exclusive
and compliance therewith shall not excuse noncompliance with any other
regulations pertaining to the operation of businesses as adopted by
the city council.
(Ord. 2867-08 § 1)
If any section, subsection, subdivision, paragraph, sentence,
clause, or phrase in this chapter or any part thereof is for any reason
held to be unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this chapter or any
part thereof. The city council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase thereof irrespective of the fact that any one or
more subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional, or invalid, or ineffective.
(Ord. 2867-08 § 1)