Special events in the City of Roseville
have attracted large numbers of persons, bringing many benefits to
the community. However, occurrences at or in connection with these
special events have included criminal conduct, disturbances, excessive
noise, vandalism, crowd control problems, traffic congestion, littering,
insufficient sanitary facilities, and public safety impacts on the
surrounding business and residential community. It is the purpose
and intent of the City of Roseville in adopting this chapter to protect
the health, safety, and welfare of the inhabitants of the city through
the enactment of regulations for special events. Nothing in this chapter
shall be construed so as to unlawfully abridge the right of the people
peaceably to assemble and to petition the government for a redress
of grievances, nor to unlawfully prohibit the free exercise of speech
or religion.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
It is unlawful for any person to
advertise, maintain, operate, sell or furnish tickets, or sponsor
a special event in the city without the special event permit required
by this chapter. The fact that a person possesses other types of state
or city permits or licenses does not exempt the person from the requirements
of obtaining a special event permit.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A special event permit issued under
this chapter shall expire at the conclusion of the event for which
the special event permit was issued. The special event permit authorizes
the permittee to conduct only such special event as is described in
the permit and in accordance with the terms and conditions of the
permit. It is unlawful for a permittee or other responsible person
to willfully violate the terms and conditions of the special event
permit.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
For the purposes of this chapter:
“Applicant”
means any person that seeks a special event permit as required
by this chapter.
“Application”
means the special event permit application available from
the city.
“City property”
means any building, facility, street, sidewalk, public right-of-way,
park, or open space which is owned by or under the control of the
City of Roseville.
“Disorderly conduct”
means any of the following: consumption of alcoholic beverages on public property, public drunkenness, obstructing the free passage of pedestrians over public sidewalks, the obstruction of free passage of vehicles within the public right-of-way, littering, fighting, loud speaking or shouting, the operation of automobile audio systems in a manner that violates Section
9.24.150, conduct that violates any provision of Chapter
9.24,
10.30,
10.37, or
10.38, and such other conduct that constitutes a public nuisance or a violation of law.
“Expressive activity”
means conduct, the sole or principal object of which is the
expression, dissemination or communication by verbal, visual, literary
or auditory means of opinion, views or ideas. Expressive activity
includes, but is not limited to, public oratory and the distribution
of literature.
“Parade”
means a march or procession consisting of persons, animals,
or vehicles, or any combination of them, on any city street, sidewalk,
alley, or other public right-of-way which either obstructs, delays,
or interferes with the normal flow of pedestrian or vehicular traffic,
or does not comply with traffic laws or controls.
“Permit application fee”
means the fee paid by the applicant at the time the special
event permit application is filed with the special events coordinator.
“Permittee”
means any person that has been issued a special event permit
as provided by this chapter. No permittee may be a person under 18
years of age.
“Person”
means an individual(s), firm, association, partnership, corporation,
company, governmental entity or organization or legal entity of any
kind, and the legal representatives, agents, trustees, receivers,
assigns, agents, servants, and employees of any such person.
“Reasonable efforts”
mean any of the following:
1.
The provision of an adequate number
of licensed security personnel;
2.
Notifying the police department of
apparent criminal activity; and
3.
The taking of all additional measures,
consistent with sound business judgment, necessary to accomplish the
required result.
“Responsible person”
means the permittee, sponsor, promoter, manager, supervisor,
volunteer, or other person exercising control over the operation of
a special event, whether or not that person is a named permittee.
“Special event”
means:
1.
Any organized formation, parade,
procession, demonstration or assembly which may include persons, animals,
vehicles, or any combination thereof, which is to assemble or travel
in unison on any street, sidewalk or other public right-of-way owned
or controlled by the city which does not comply with applicable traffic
regulations, laws or controls; or
2.
Any organized activity, assemblage
or association of 75 or more persons at any public place, property
or facility which is to gather for a common purpose under the direction,
control, or at the invitation of a person.
Examples of special events include,
but are not limited to, concerts, parades, circuses, carnivals, fairs,
festivals, street fairs, community events, water activities (such
as boat races), mass participation sports (such as marathons and other
running events), athletic or sporting events, historical remembrances
or reenactments, theatrical performances or productions, pageants,
dances, and community celebrations and observances conducted on public
property or public rights-of-way. However, special events shall not
include block parties which include activities within the public right-ofway;
such block parties are prohibited because they would interrupt emergency
vehicle access and the safe and orderly movement of traffic.
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“Special events coordinator”
means an employee designated by the city manager to receive
and process special event applications and sign and issue special
event permits.
“Special events vendor”
means any person who offers to sell, sells, or transfers any merchandise, goods, toys, consumables, or any other thing of value at or during a special event. All such vendors must have a city business license required by Section
6.04.040 of this code.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
The provisions of this chapter shall
not be deemed to require a special event permit for the following:
A. Special events which occur exclusively on city property consistent with the permitted use of the property under the jurisdiction of the parks, recreation and libraries department pursuant to Chapter
8.02 of this code.
B. Funeral processions conducted by a licensed
mortuary or funeral home.
C. Special events involving only pedestrians
traveling solely on sidewalks, and crossing streets only at pedestrian
crosswalks in accordance with traffic regulations and controls. Participants
in this type of event shall use the crosswalk in units of 15 persons
or less, and shall not obstruct vehicular traffic.
D. Filming activities governed by Chapter
6.08 of this code.
E. A governmental agency acting within the
scope of its functions.
F. Special events which occur solely on school
grounds.
G. Special events which occur solely on privately
owned property, which do not involve the use of, or have an impact
on, city property and which are not required to have an administrative
permit for a temporary outdoor/commercial plaza event pursuant to
Section 19.64.030(B) of this code.
H. High school homecoming parades approved
in advance, in writing, by the principal or school board, which are
completely motorized, without any foot traffic.
I. Spontaneous events which are occasioned
by news or affairs coming into public knowledge less than 48 hours
prior to such event may be conducted without the organizers first
having to obtain a special event permit. If practicable, the organizers
should give notice to the city’s special events coordinator
at least four hours prior to the event informing the city of the date
and time of the event and providing an estimate of the approximate
number of persons who will be participating. Special events which
require advance planning such as recreation events, competition/contests/spectator
sports, fairs, festivals, carnivals, ticketed events, sales/trade
shows or events which require a permit from the city for the placement
of structures shall not be considered to be spontaneous events. City
charges may still be incurred by responsible persons for events undertaken
pursuant to this subsection to the extent otherwise authorized by
this chapter.
J. Special events which occur in or on city
parking facilities pursuant to a policy adopted by the city council.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
It is unlawful for any person to offer to sell, sell, or transfer any merchandise, goods, toys, consumables, or any other thing of value during a special event without a City of Roseville business license required by Section
6.04.040 of this code and all applicable approvals from the Placer County environmental health department. The permittee shall be responsible for ensuring all special events vendors are in compliance with this section.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A. All applications for a special events permit required by this chapter shall be filed with the special events coordinator no less than 60 calendar days in advance of the special event on a form furnished by the special events coordinator, and signed by the applicant under penalty of perjury. Applications filed less than 60 calendar days in advance may be rejected by the special events coordinator if the special events coordinator determines that there is inadequate time to process the application. If an applicant for a special event involving an expressive activity desires to ensure the opportunity for an appeal to the city council in accordance with Section
9.36.150, the application shall be filed with the special events coordinator not less than 30 calendar days in advance of the special event. Failure to file the application at least 30 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 applicant 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.
B. Except as otherwise applicable, the special
events coordinator shall, within 14 calendar days, determine whether
an application for a special events permit is or is not complete.
In the case of an event involving expressive activity, the special
events coordinator shall determine whether or not such application
is complete within 24 hours of said application being submitted to
the special events coordinator.
C. Notwithstanding the special events coordinator’s
acceptance of a completed application, no event date shall be considered
confirmed until a special event permit is issued.
D. All applications for a special event permit
shall include the following:
1. The full name, address, e-mail address,
and telephone number of the applicant.
2. The name, purpose, date or dates, location,
hours, and duration of the proposed special event.
3. A description of the proposed special event,
including anticipated number of persons who may attend, the anticipated
number of spectators, and any further information about the location
of the event as the special events coordinator deems necessary.
4. The name, address, and telephone number
of any vendor or concessionaire participating in the special event.
5. If beverages or food will be sold or served
during or in conjunction with the special event, a copy of each applicable
permit required for sales or service of such beverages or food shall
be attached to the application.
6. If a tent or canopy will be used during
or in conjunction with the special event, a copy of the applicable
permit from the fire department shall be attached to the application.
7. A description of the time, location and type of music, sound amplification, or noise which will be part of the special event and statement of concurrence that all sound/noise generated will comply with the city’s noise ordinance, Chapter
9.24 of the Roseville Municipal Code.
8. The admission fee to be charged, if any.
9. The name(s), address, e-mail address, and
telephone number of the responsible person(s) in charge of the special
event on the date of the special event.
10.
The name, address, and telephone
number of the owners of any property upon which the proposed special
event, including automobile parking and other incidental uses, is
to be held, and the exact location, legal description and area of
the property. The application shall also include documentation showing
that the applicant is the owner of the property upon which the proposed
special event will be held or a written consent signed by the owner
of said property permitting such use of the property.
11.
A description of the proposed procedures
for setup, operation, security, and crowd control.
12.
A description of the type of advertising
that will occur, if any, and a list of any promotional or directional
signs.
13.
The name, address, and phone numbers
of all medical service or first aid providers that will be on site
at the special event.
14.
A description of how the applicant
has mitigated and will mitigate the impact of the special event on
the surrounding community.
15.
A description of any city services
or equipment requested for the special event.
16.
A description of any animals which
will be part of the special event and how animal waste will be contained
and properly disposed of in accordance with applicable health and
safety regulations.
17.
If the special event is held in part
on private undeveloped property, a statement from a qualified biologist
that the event would not result in direct or indirect impacts to sensitive
species or their habitats.
18.
A description of how the special
event provides accessibility for disabled individuals.
19.
The name, address, e-mail address,
and telephone number of the person responsible for cleaning the special
event site at the conclusion of the special event.
20.
The name, address, e-mail address,
and telephone number of the person responsible for removing signage
at the conclusion of the special event.
21.
A copy of an event map shall be attached
to the application packet. The event map shall include, but is not
limited to, the following information, if applicable:
a.
The location of the property on which
the proposed special event and all related activities will be held;
b.
The route of any parade, fun run,
bicycle races, etc.;
d.
Entertainment and/or stage locations;
e.
Sound amplification locations;
f.
Vendor concession locations;
i.
Parking areas, access ways to and
within the special event site, and traffic circulation;
j.
Event manager’s command post;
k.
The location of any temporary structures
to be erected;
l.
Utility connection locations, such
as power or water;
m.
Trash receptacle locations;
n.
Disabled access and parking locations;
o.
Any other information as required
by the special events coordinator or any city department.
22.
A detailed statement of the applicant’s plans to fulfill the public health and safety requirements set forth in Section
9.36.090 of this chapter.
23.
Any supplemental information which
the special events coordinator or any city department finds reasonably
necessary to determine whether to approve a special event permit.
24.
In addition to the above, for parades
the application shall also include the following information:
a.
The assembly point for the parade
and the time at which units of the parade will begin to assemble;
b.
The starting point and termination
point of the parade;
c.
The parade route, including a simple
map or sketch;
d.
Whether the parade will occupy all
or only a portion of the streets proposed to be traversed;
e.
The intervals of space to be maintained
between units of the parade;
f.
The number, types, and size of floats;
g.
The material and maximum size of
any signs or banners to be carried along the route;
h.
The estimated number of participants
in the parade;
i.
The type and estimated number of
vehicles, animals, and structures which will be used at the parade;
and
j.
Whether attendants will be employed
at the parade.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A. Application Fee. Every application for
a special event permit shall be accompanied by a nonrefundable permit
application fee, as established by resolution adopted by the city
council from time to time.
B. Service Charges. In addition to the nonrefundable
permit application fee, the permittee shall pay the city for all city
department service charges estimated to be incurred in connection
with or due to the permittee’s activities under the special
event permit. Such charges include, but are not limited to, the following:
(1) the salaries of city personnel involved in public safety, event
traffic and/or pedestrian control, fire safety, water safety, or other
facility or event support; (2) the salaries of city personnel involved
in the administration or coordination of city services for or otherwise
performing duties in connection with the special event; (3) the costs
associated with the use of city equipment, materials, and supplies;
(4) the costs associated with closure of city streets; and (5) other
nonpersonnel expenses. Such service charges shall be paid by the permittee
within 30 days of receipt of an invoice from the city. City department
service charges shall not include costs incurred by the city to provide
police protection to those engaged in expressive activity as that
term is defined in this chapter.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A. Sanitary Facilities. The permittee shall
provide sanitary facilities as follows:
1. At least one water closet and one urinal,
or in lieu thereof, two patented chemical toilets, for every 200 males,
and at least one water closet or patented chemical toilet for every
100 females, unless the environmental utilities director finds that
a lesser number is sufficient, in which case he or she shall designate
another number. If both sexes are admitted to any sanitary facility,
for purposes of determining the required quantity of facilities, the
persons attending said special event shall be assumed to be equally
divided by sex.
B. Garbage Collection and Removal. The permittee
shall provide solid waste dumpsters to receive solid wastes at a ratio
of one cubic yard of available receptacle space for each 250 persons
which the special event permit allows to attend the special event
and one 30-gallon trash container for every 100 persons which the
special event permit allows to attend the special event.
After the conclusion of the special
event and within the time frames specified in the special event permit,
the permittee shall clean and restore all areas used for the special
event, including contiguous public roads, sidewalks, rightsof-way,
and easements. All areas must be restored to the same condition as
existed prior to the special event.
C. Lighting. If the special event occurs between
sunset of one day and sunrise the following day, or if the special
event permit allows any participant or person in attendance to remain
overnight, the permittee shall provide such lighting, including light
standards and electrical switches, and such power supply as the police
chief and building official find necessary for the public safety and
welfare.
D. Security Guards. As a condition of the
special event permit, the police chief may establish the number of
security guards the permittee is required to hire in order to maintain
the public peace and safety. Security guards shall be charged with
preventing violations of law and enforcing compliance with the requirements
of this chapter. Security guards shall be uniformed in such a manner
so as to be readily identifiable by the public as a security guard
and shall possess a valid and current security guard registration
card as required by applicable provisions of state law. No security
guard required pursuant to this chapter shall act as a door person,
ticket seller, ticket taker, admittance person, or be responsible
for event operations while acting as a security guard.
E. Intoxicated Persons. The permittee and
each responsible person shall make reasonable efforts to prevent the
admittance to the special event of any obviously intoxicated person.
For purposes of this section, a person is “obviously intoxicated”
when he or she exhibits readily apparent outward manifestations of
drug or alcohol intoxication, including, but not limited to, inability
to walk or stand in a normal manner, bloodshot or glassy eyes, flushed
face, incoherent or slurred speech, alcoholic breath, belligerence
or other loud or boisterous conduct, extreme agitation or nervousness
or mental confusion, where such manifestations lack other apparent
cause.
F. Disorderly Conduct. The permittee and each
responsible person shall make reasonable efforts to prevent the admittance
to the special event of any person whose conduct is described in Penal
Code Section 415 as amended (fighting, loud noise, offensive words
in public places) or 647 as amended (disorderly conduct). The permittee
and each responsible person shall also make reasonable efforts to
remove from the special event any persons exhibiting such conduct.
G. Fire Protection. The permittee shall provide
such fire protection measures and equipment as the city fire chief
or fire marshal finds reasonably necessary to provide fire protection
for the immediate and adjoining premises and to persons participating
in and attending the special event.
H. Emergency Communications System. At all
times during the progress of a special event, the permittee shall
maintain such emergency communications systems as the city fire chief
and police chief find reasonably necessary for fire and police protection.
I. Accessways. The permittee shall provide
all exterior and interior accessways which the police chief, fire
chief, public works director and development services director find
necessary for the use of public safety and medical personnel and for
the use of those attending the special event. All such accessways
shall be clearly marked and delineated by means of curbs or temporary
barriers on the ground.
J. Food. Any person selling, preparing, delivering
or serving food or beverages at a special event shall comply with
the California Retail Food Code, California
Health and Safety Code
Section 113700 et seq., as it may be amended.
K. Alcohol. Any person selling or serving
alcohol at a special event shall obtain all applicable licenses or
permits as required by the city and the California Department of Alcoholic
Beverage Control.
L. Dust Control. The permittee shall use such
methods of dust control as are approved by the development services
director. The development services director shall approve such methods
if he or she finds that such methods will prevent the arising of dust
that otherwise might endanger public health and safety, or violate
Placer County Air Pollution Control District Rule 228 (Fugitive Dust).
M. Medical Services. The permittee shall provide
such private medical services as the city fire chief finds reasonably
necessary for the protection of the public health and safety.
N. Water Quality. The permittee shall ensure
appropriate water quality controls are employed to prevent violation
of any local, state or federal water quality standards or waste discharge
requirements.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013; Ord. 5279 § 6, 2014)
Upon receipt of a completed special events application and payment of the permit application fee, the special events coordinator shall forward a copy of the application to the appropriate city departments for comments. Such departments shall determine whether, with regard to their specific areas of responsibility under this chapter, the proposed special event can be held without violation of any provisions of this chapter, the Roseville Municipal Code, and state and federal law. Within 30 days after distribution of a completed application by the special events coordinator, the appropriate city departments shall complete their investigations and shall notify the special events coordinator of their approval or disapproval of the issuance of a special event permit. The special events coordinator shall then approve, conditionally approve or deny the permit for the grounds specified in Section
9.36.140. If the application is approved, the special events coordinator shall issue the special event permit. If any city department disapproves the issuance of a special event permit, no permit shall be issued and the special events coordinator shall inform the applicant of the grounds for denial, in writing, and the applicant’s right of appeal pursuant to Section
9.36.150.
Completed applications for a permit
involving “expressive activity” as defined in this chapter
shall be approved, conditionally approved or denied by the special
events coordinator within two business days upon receipt of the completed
special events application. In the case of expressive activity, the
special events coordinator 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 special events coordinator 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.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
The special events coordinator may
condition any permit issued pursuant to this chapter with reasonable
requirements 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
may include, but are not limited to, the following:
A. The establishment of an assembly or disbanding
area for a parade or like event;
B. 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;
C. Conditions designed to avoid or lessen
interference with public safety functions and/or emergency service
access;
D. The number and type of vehicles, animals,
or structures to be displayed or used in the event;
E. 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 and can be safely operated, and conform to
the requirements of all applicable codes;
F. A cleaning deposit if the event includes
using structures, temporary signs or markings on city property, 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;
G. The provision and use of traffic cones
or barricades and/or restrictions as to the timing of temporary street
closures to ensure traffic impacts are minimized to the greatest degree
practicable;
H. The provision or operation of first aid
stations or sanitary facilities, including sanitary facilities meeting
disability access requirements;
I. The provision of a waste management plan,
and the cleanup and restoration of the site of the event;
J. The use of sound amplification equipment,
and restrictions on the amount of noise generated by said equipment
and/or motors and other equipment used in the course of the event;
K. The manner of providing notice of permit
conditions to permit participants and those businesses or residents
who may be directly affected by the conduct of the event;
L. The provision or use of emergency services;
M. The reasonable designation of alternate
sites, times, dates, or modes for exercising expressive activity;
N. 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;
O. The manner by which alcohol sales and service,
if any, shall be conducted at the event; and
P. Conditions designed to ensure compliance
with the applicable occupant load.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A special event permit shall contain
all of the following:
A. The maximum number of persons allowed at
the special event. In determining the maximum permissible number,
neither the investigating city departments nor the city council shall
be bound by the estimate of attendance stated in the application for
a special event permit.
B. The dates and hours during which the special
event may be conducted.
C. The location(s) where the special event
may be conducted.
D. Such other conditions as the special events
coordinator, the investigating city departments or the city council
find reasonable and necessary for the promotion of public health,
safety and welfare.
E. The signature of the special events coordinator
granting approval of the special event.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
Whenever any proposed special event
either crosses or is upon any state highway, the applicant shall,
prior to issuance of a special event permit, obtain the written consent
of the State of California Department of Transportation. A copy of
such written consent shall be attached to the city special event permit,
and any conditions of the state permit shall be considered incorporated
into the city special event permit.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A. The grounds for denial of a special event
permit shall be one or more of the following:
1. The special event site and/or facilities
do not comply with all environmental, traffic/parking, health, zoning,
fire, and safety requirements and standards imposed by the laws of
the state and the ordinances of the city, including this chapter.
2. The applicant has knowingly made any false,
misleading or fraudulent statement of material fact in the special
event application or in any documentation required to be filed in
conjunction with said application.
3. The applicant fails to complete the special
event application after having been notified of any additional information
or documents required.
4. Another special event application has been
received prior in time, or has already been approved, to hold another
special event at the same time and place requested by the applicant,
or so close in time and place as to cause undue traffic and parking
congestion, or the police department is unable to meet the needs for
police services for both special events.
5. The time, route, or size of the special
event will substantially interrupt the safe and orderly movement of
traffic, including public transit, or disrupt the use of a street
at a time when it is usually subject to great traffic congestion.
6. The concentration of persons, animals,
and vehicles at the site of the special event or the assembly and
disbanding areas around the special event, will prevent proper police,
fire, or ambulance services to areas contiguous to the event.
7. The size of the special event will require
diversion of so great a number of police officers of the city to ensure
that participants stay within the boundaries or route of the special
event or to protect participants in the event, as to prevent normal
protection to the rest of the city. Nothing herein authorizes denial
of a special event permit when additional peace officers would be
available to the city under applicable state law and mutual aid plans,
if requested by the city in advance of the special event. Nothing
herein authorizes denial of a special permit because of the need to
protect participants from the conduct of others, if reasonable permit
conditions can be imposed to allow for adequate protection of event
participants with the number of police officers available to police
the event.
8. The special event will not move from its
point of origin to its point of termination expeditiously and without
unreasonable delays in route.
9. The location of the special event will
substantially interfere with any construction or maintenance work
scheduled to take place upon or along the city streets, or a previously
granted encroachment permit.
10.
The special event will occur at a
time when a school is in session and the special event will be held
at a location adjacent to the school or class thereof, and the noise
created by the activities of the special event would substantially
disrupt the educational activities of the school or class thereof.
11.
The applicant fails to demonstrate that the issuance of the special event permit will not adversely impact nearby sensitive receptors as that term is defined in the city’s noise ordinance, Chapter
9.24 of the Roseville Municipal Code.
12.
The applicant has failed to demonstrate
that the issuance of the special event permit will not adversely impact
nearby institutions or businesses.
13.
The applicant, his or her agent or
employees, or any person who is exercising managerial authority on
behalf of the applicant has engaged in misconduct or has been convicted
of a crime substantially related to the qualifications, functions
or duties of a permittee, including, but not limited to, violent crimes,
crimes against children, and drug-related crimes. A conviction within
the meaning of this section means a plea or verdict of guilty or a
conviction following a plea of nolo contendere.
14.
Commission of any act, which, if
done by a permittee, would be grounds for suspension or revocation
of a special event permit.
15.
The applicant has refused or cannot
meet the requirements established by this code or city departments.
16.
The special event would significantly
impact natural resources or sensitive species and/or their habitat.
17.
The required application fee or city
service charges have not been paid.
18.
The applicant fails or refuses to
sign an indemnification agreement and/or submit proof of insurance
to the extent required.
19.
The special event would significantly
interfere with the regular use of the special event site and/or facilities.
B. Notwithstanding the above, the applicant
shall not be denied a permit solely on the basis that he or she has
been convicted of a felony if he or she has obtained a certificate
of rehabilitation under Section 4852.01 of the California
Penal Code,
or on the basis that he or she has been convicted of a misdemeanor.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A. If a special event permit is denied, the
applicant shall have the right to appeal from said action to the city
manager within 10 calendar days of receiving the notice of denial.
A written notice of appeal shall be timely filed with the city manager,
and on receipt of said notice, the city manager shall set the matter
for hearing within 15 calendar days of the filing of said notice of
appeal. Written notice of the time and place of such hearing shall
be served upon the applicant at least five days prior to the date
set for such hearing. Notice may be given either by personal delivery
to the applicant, or by depositing it in the U.S. mail in a sealed
envelope, postage prepaid, addressed to the person to be notified
at his or her address as it appears in the special event application.
B. Within five calendar days after the hearing,
the city manager shall send written notice to the applicant either
granting the special event permit or containing a statement of the
grounds relied upon for denying the special event permit.
C. Any applicant aggrieved by the decision
of the city manager in denying a special event permit may appeal the
decision to the city council. Within 10 calendar days of receiving
notice of the city manager’s decision, the applicant shall submit
a written notice of appeal to the city clerk, and on receipt of said
notice, the city clerk shall set the matter for hearing at the next
possible regularly scheduled meeting of the city council. Written
notice of the time and place of such hearing shall be served upon
the applicant at least five days prior to the date set for such hearing.
Notice may be given either by personal delivery to the applicant,
or by depositing it in the U.S. mail in a sealed envelope, postage
prepaid, addressed to the person to be notified at his or her address
as it appears in the special event application.
D. If a written notice of appeal is not timely
filed pursuant to this section, the decision of the city manager shall
be final.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A. On appeal, the applicant may present testimonial
and documentary evidence in support of his or her special event application.
The city council shall consider the recommendations of each investigating
city department and all documentary and testimonial evidence presented
at the hearing and shall:
1. Order the special events coordinator to
issue the special event permit in accordance with the application
and any conditions required by the city council; or
2. Deny the special event permit.
B. The decision of the city council shall
be final.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A special event permit issued pursuant to this chapter may be suspended, conditioned or revoked by the city manager in writing upon determining that any of the grounds specified in Section
9.36.180 exist. The city manager shall send written notice to the permittee containing a statement of the grounds relied upon for suspending, conditioning or revoking the special event permit.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A special event permit may be suspended,
conditioned or revoked if any permittee, his or her agent, or employee:
A. Violates or fails to comply with the terms
and conditions of the special event permit.
B. Does any act which violates any of the grounds set forth in Section
9.36.140 which sets forth the grounds for denial of a special event permit.
C. Violates any other provision of this chapter
or any federal, state or local law or regulation relating to his or
her permitted activity.
D. Engages in or permits misconduct substantially
related to the qualifications, functions or duties of the permittee.
E. Conducts the special event in a manner
contrary to the peace, health, or safety of the public.
F. Fails to take reasonable measures to control
special event participants’ conduct, resulting in disturbances,
vandalism, crowd control problems, traffic control problems, or creation
of a public or private nuisance, or obstruction of the operation of
a business.
G. Operates or permits the operation of any musical instruments, sound amplifiers, or sounds in general, in violation of the provisions of the city’s noise ordinance, Chapter
9.24 of the Roseville Municipal Code.
H. Has knowingly made any false, misleading
or fraudulent statement of material fact in the special event application
or in any documentation required to be filed in conjunction with said
application.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A. Any permittee aggrieved by the decision
of the city manager in suspending, conditioning or revoking a special
event permit may appeal the decision to the city council. Within 10
calendar days of receiving notice of the city manager’s decision,
the permittee shall submit a written notice of appeal to the city
clerk, and on receipt of said notice, the city clerk shall set the
matter for hearing at the next possible regularly scheduled meeting
of the city council. Written notice of the time and place of such
hearing shall be served upon the permittee at least five days prior
to the date set for such hearing. Notice may be given either by personal
delivery to the permittee, or by depositing it in the U.S. mail in
a sealed envelope, postage prepaid, addressed to the person to be
notified at his or her address as it appears in the special event
application.
B. If a written notice of appeal is not timely
filed, the decision of the city manager shall be final.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
When the special event permit of
any person is revoked or suspended, no new application for a special
event permit from the same person shall be accepted within one year
after such suspension or revocation. When an application for a special
event permit is denied for cause, no new application for a special
event permit from the same person shall be accepted within one year
after denial unless the applicant can show a material change in the
situation that would justify the issuance of such special event permit.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
Every special event permit issued
pursuant to this chapter shall either be conspicuously displayed at
the special event so that it may be easily seen by any person or carried
by the permittee or responsible person designated in the special event
permit application so that it may be presented at any time during
the special event.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
Prior to the issuance of the special
event permit, the applicant shall sign an agreement to reimburse the
city for any costs incurred by it in repairing damage to city property
occurring in connection with the permitted event proximately caused
by the actions of the permittee, its officers, employees, or agents,
or any person who was under the permittee’s control, insofar
as permitted by law. Persons who merely join in a special event are
not considered by that reason alone to be “under the control”
of the permittee.
The agreement shall also provide
that the permittee shall defend, indemnify, and save and hold harmless
city, its officers, agents, employees and volunteers from any claims,
suits or actions of every name, kind and description brought forth,
or on account of, injuries to or death of any person (including but
not limited to workers and the public), or damage to property, resulting
from or arising out of permittee’s/sponsoring organizations’,
its officers’, employees’, or agents’ willful misconduct
or negligent act or omission while engaged in the performance of obligations
or exercise of rights created by the special event permit, except
those matters arising from city’s sole or active negligence.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A. The permittee must possess or obtain public
liability insurance to protect against loss from liability imposed
by law for damages on account of bodily injury and property damage
arising from the special event. Such insurance shall name on the policy
or by endorsement as additional insureds the city, its officers, employees,
agents, and volunteers. Insurance coverage must be maintained for
the duration of the special event.
Coverage shall be a general liability
or “special events” insurance policy. The minimum limits
required are:
1. Bodily injury, $1,000,000.00 per occurrence/$2,000,000.00
aggregate; and
2. Property damage, $1,000,000.00 per occurrence;
and
3. Personal injury, $1,000,000.00 per occurrence/$2,000,000.00
aggregate.
B. A certificate of insurance must be filed
with risk management before the date of the special event. The special
event permit shall not be valid until the certificate of insurance
has been filed by the permittee and approved by risk management.
C. The insurance requirement set forth in this section shall not be construed to apply to special events permitted under this chapter solely for purposes of expressive activity which enjoy protection under the United States or California constitutions except that applicants for such parades or special events shall be required to either: (1) agree to defend, indemnify, and save and hold harmless city, its officers, agents, employees and volunteers pursuant to Section
9.36.220; or (2) agree to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the special events coordinator as being reasonably foreseeable consequences of the permitted parade or special event; or (3) provide insurance coverage as required by this section.
D. If the special events coordinator determines,
after consultation with the city’s risk manager and the city
attorney, that a particular use, event or activity does not present
a substantial or significant public liability or property damage exposure
for the city or its officers, agents and employees, the special events
coordinator may give a written waiver of the insurance requirements
of this section.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
A. A police officer may require the permittee
or responsible person to immediately terminate a special event and
disperse all participants for the remainder of the special event whenever
conduct by disorderly participants reaches a magnitude that presents
an immediate threat to the public safety or well-being of the participants
and general public in the vicinity.
B. Circumstances constituting an immediate
threat to the public safety include, but are not limited to, the following:
1. There is an immediate threat of bodily
harm or injury to a person or persons;
2. There is a clear and present danger of
riot, disorder or unlawful interference with traffic upon the public
streets.
C. It is unlawful for any person to fail to
comply with any directive issued by a police officer under authority
of this section.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
It is unlawful for any person to
interfere with or disrupt a lawfully permitted special event. It is
unlawful for any person to participate in a special event with the
knowledge that the sponsor of the special event has not been issued
the required permit.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
It is unlawful and a public nuisance
to intentionally violate any of the provisions of this chapter. Violation
of this chapter may be charged as either an infraction or a misdemeanor
in the discretion of the city attorney.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
The violation of any provision of
this chapter shall be and is hereby declared to be contrary to the
public interest and shall, at the discretion of city, create a cause
of action for injunctive relief.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
In addition to the civil remedies
and criminal penalties set forth above, any person that violates the
provisions of this chapter may be subject to administrative remedies,
as set forth by city ordinance.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
Unless otherwise expressly provided,
the remedies, procedures and penalties provided by this chapter are
cumulative to each other and to any others available under state law
or other city ordinances.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)
The provisions of this chapter are
hereby declared to be severable. If any provision, clause, word, sentence,
or paragraph of this chapter or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity
shall not affect the other provisions or application of this chapter.
(Ord. 5113 §
1, 2012; Ord. 5250 § 1, 2013)