A.
A special event is defined as any organized activity to which the general public is invited onto public property which results in or requires any modification to traffic flow patterns or parking regulations, or where the expected attendance exceeds 25 people per day, or where any amplified sound or musical instruments will be used as specified in Section 9.32.020 of this code. Examples of special events include, but are not limited to, the following:
Amusement attractions
Assemblages of persons
Athletic events
Biathlons or triathlons
Bicycle races
Block parties
Carnivals
Circuses
Concerts
Conferences
Exhibitions
Exhibits
Fairs
Fireworks displays
Fundraising events
Parades
Public dances
Running events of any distance
Sidewalk sales
Surfing meets or contests
Walkathons
B.
The
location for events where movement is involved includes its assembly
area, route and dispersing areas.
C.
Special events do not include activities at parks or recreation facilities, libraries or other centers for which a specific permit process of facilities use regulations exist, such as temporary outdoor sales or displays as covered by Section 19.72.050 of this code or park use permits under Section 12.56.070 of this code. When the special event involves activity which is protected by the first amendment to the U.S. Constitution or Article I, Section 2 of the California Constitution then only the definite objective guidelines of this chapter and any other chapter of this code applicable to the special event shall apply which standards are:
1.
The
conduct of the special event will not substantially interrupt the
safe and orderly movement of other traffic contiguous to its location;
2.
The
conduct of the special event will not require the diversion of so
great a number of law enforcement personnel to properly police the
location and the areas contiguous thereto as to prevent normal law
enforcement protection to the City;
3.
The
conduct of the special event will not interfere with the movement
of firefighting equipment en route to a fire or with other proper
fire protection of areas contiguous to such locations;
4.
The
conduct of the special event is not reasonably likely to cause injury
to persons or property, to provoke disorderly conduct or create a
disturbance;
5.
The
special event where movement is involved is scheduled to move from
its point of origin to its point of termination expeditiously and
without unreasonable delays en route;
6.
The
special event is not to be held for the sole purpose of advertising
any product, goods or event, and is not designed to be held purely
for private profit.
(Ord. 834 § 2, 1991; Ord. 2017-1165 § 2; Ord. 2019-1183 § 7; Ord. 2022-1212 § 7; Ord. 2022-1214 § 15)
No person or entity shall organize, sponsor, promote, produce,
direct, conduct, manage, institute or carry on any special event without
first obtaining a permit from the City. A permit is required if the
applicant desires to reserve and preempt public use of a portion of
public property for a temporary period. Each permit shall state the
date, time and area for which it is issued, the name of the person
or persons to whom it is issued and any conditions and limitations
upon which the permit is given. No person or entity shall promote,
advertise, encourage or solicit attendance or otherwise participate
in any way in a special event for which no permit had been issued,
or for which such permit has been suspended or revoked.
(Ord. 834 § 2, 1991)
No person or entity shall knowingly join or participate in any
special event in violation of any of the terms, conditions or regulations
of the permit issued therefor, or knowingly join or participate in
any special event without the consent and over the objection of the
permittee, or in any manner interfere with the orderly conduct of
such event.
(Ord. 834 § 2, 1991)
A.
The
City Manager shall develop and implement forms and guidelines for
administrative review of each special event application prior to submission
of the application to the City Council for consideration.
B.
Factors
to be considered in the review process by the City Manager and City
Council shall be: the safety of the event, the number of events held
in the same area, the value of the event to area residents and businesses,
the inconvenience to area residents and businesses not participating
in the event, the disruption to public transit and traffic flow, and
the ability of the City to adequately staff the event.
(Ord. 834 § 2, 1991; Ord. 2021-1202 § 2)
The granting or refusal of any permit by the City Manager shall
be final.
(Ord. 834 § 2, 1991; Ord. 2021-1202 § 3)
A.
Prior
to the issuance of a permit, the City Manager shall require:
1.
When
necessary, an agreement to compensate the City for loss or damage
to public property, the deposit of a surety bond or cash in an amount
sufficient to guarantee the cleaning up of the site and removal of
any debris left as a result of the holding of the event. If the applicant
is to provide security, traffic control or other similar activities
a surety bond or cash in an amount sufficient to guarantee such performance
shall be required,
2.
That
the applicant provide public liability insurance and property damage
insurance, including products liability coverage written by an insurance
company acceptable by the City in minimum limits of $500,000.00,
3.
That
the applicant execute a hold harmless agreement indemnifying the City
(and the San Diego Unified Port District if the event is on Port District
property) for any personal injury or property damage arising from
such special event;
B.
Recommendations
for the withholding of a surety bond or cash deposit for failure to
perform as required shall be made to the City Manager no more than
15 days after the conclusion of the special event;
C.
The
City Manager shall submit the final refund or additional billing request
to the Finance Department no more than 30 days after the conclusion
of a special event;
D.
The
Administrative Services Director shall forward to the applicant an
accounting of City-incurred expenses in explanation of use of deposited
funds and/or additional billing requests.
(Ord. 834 § 2, 1991; Ord. 2012-1133 § 39)
A.
If
it is determined that the special event will warrant the presence
of law enforcement personnel, fire personnel, parking control or other
City staff or equipment, the City Manager shall require an agreement
to compensate the City, a surety bond or cash in an amount sufficient
to pay the additional costs of providing such personnel or equipment.
B.
Departments
involved in a special event shall submit staffing and equipment costs
to the City Manager no more than 15 days after the conclusion of a
special event.
(Ord. 834 § 2, 1991)
A.
A permit
for an event issued hereunder shall be suspended or revoked pending
a hearing by the City Manager at any time:
1.
When
there is reasonable cause to believe that the permit was issued in
error or issued in reliance on false or erroneous information;
2.
When
there is reason to believe that the health, safety and welfare of
persons or property would be endangered because of real or threatened
disaster, public calamity, riot or other emergency.
B.
Notice
of such suspension or revocation shall be made in writing to applicant
or permittee. The suspension or revocation of the permit shall be
final unless appealed to the City Council within 10 days of the date
of service of the written notice. Failure to file an appeal within
such 10-day period shall constitute a waiver of the right to such
appeal. Such notice shall be filed with the City Clerk.
(Ord. 834 § 2, 1991)
The City Manager or designated representative
has the authority to:
A.
Post the approved parking control signs
as approved in the special event permit. Such signs shall be posted
at least 24 hours in advance of such special event and when so posted
may issue citations and/or tow away vehicles parked in violation of
the posting;
B.
Close roadways as approved in the special
event permit:
1.
Signs advising the date and time
of the closure shall be posted on roadways at least 10 days prior
to the date of the closure,
2.
A list of interested parties shall
be established and shall include, but is not limited to: Metropolitan
Transit Development Board, San Diego Gas and Electric Company and
EDCO. The parties on the interested parties list shall be notified
of the closure by mail at least 10 days prior to the event;
C.
Stop a special event at any time it is
determined that the public safety is in jeopardy;
D.
Approve certain temporary signage for the purpose of providing public notice of approved events, as per Section 19.52.250 of this code.
E.
Issue an alcohol consumption permit for
a special event or facility rental at specified locations if such
permit is in compliance with all applicable policies and procedures.
The locations that such permits may be issued are as follows: Pier
Plaza, Dunes Park, Veteran's Park, the Senior Center, and approved
block parties/street closures.
(Ord. 834 § 2, 1991; Ord. 2017-1165 § 3; Ord. 2023-1241, 1/17/2024)
Any person violating any provision of this chapter or conditions of the permit shall be guilty of a misdemeanor and punishable as provided in Chapter 1.12 of this code. Each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.
(Ord. 834 § 2, 1991; Ord. 2017-1165 § 4)
