Note: Prior ordinance history: Ords. 2713, 2911 and 3872.
As used in this chapter:
means any person 18 years of age or older, or any group,
organization, or entity that seeks a permit from the City of Santa
Rosa for the closure of a public street, sidewalk, alley or parking
area in order to conduct an activity governed by this chapter.
means the application for permit under this chapter in a
form approved by the City Manager.
means a gathering of persons on a residential street intended
for residents only and not the general public, requiring a closure
of a street, or a portion thereof, to vehicular traffic.
means the City of Santa Rosa.
means the City of Santa Rosa City Manager or the City Manager's
designee.
means commercial filming activity on public property including
film, video, digital, and still photography.
means expressive activity protected by the First Amendment
of the United States Constitution or Article 1, Section 2 of the California
Constitution, provided that such activity is the primary purpose of
the special event.
means a march held for the primary purpose of free speech
that is likely to interfere with the unobstructed use of any public
right-of-way, or not comply with traffic regulations, or is likely
to pose a threat to public safety.
means the person, group, organization, or entity that has
been issued a permit under this chapter.
means devices that are powered by electricity or batteries
and which are intended to increase the volume, range or distance of
speech, music or other sound.
means one-time, annual or recurring events including, but
not limited to free speech marches, film production, block parties,
festivals, outdoor markets, concerts, parades, walks, runs, and cycling
events that take place on City streets, sidewalks, alleys or public
parking areas, requiring traffic control, sanitation and/or police
services above and beyond the normal pattern of use. A special event
does not include funeral processions.
means a permit issued by the City Manager to conduct a special
event.
means barricades, cones and/or signage used for traffic control
and/or closing streets.
(Ord. 2017-001 § 1)
It is unlawful for any person to conduct or participate in a
special event unless a special event permit has been issued by the
City Manager. The permit shall be on location during the special event
and shown upon demand of any City official. The City Manager is authorized
to issue special event permits in accordance with policies adopted
by the City Council.
(Ord. 2017-001 § 1)
The following requirements apply to all special event permit
applicants:
(A)
Any person, group, organization or entity requesting a special event
permit shall file an application for a permit not less than 30 days
nor more than one year before the date on which such special event
is proposed to be conducted.
(B)
Upon a showing by applicant of good cause, the City Manager may consider
an application that is filed less than 30 days before the date a special
event is proposed to be conducted. For purposes of free speech marches,
good cause includes spontaneous events occasioned by news or affairs
coming into public knowledge within three days of a march, provided
the organizers provide the City Manager with a minimum 48-hour advance
notice.
(C)
Application shall be made in writing in a form approved by the City
Manager. In order that adequate arrangements may be made for proper
vehicular and pedestrian control, the application shall contain the
following information:
(1)
Applicant's name, address and telephone number and the name and telephone
number of applicant's authorized representative;
(2)
The purpose of the special event, the date(s) when it is proposed
to be conducted, the proposed location(s), any route to be traveled,
approximate beginning and ending times;
(3)
A statement of the number of special event participants, spectators
and vendors;
(4)
Information on special event components, including, but not limited
to, food, alcohol, sound-amplifying equipment, security, traffic control,
parking, toilets and garbage;
(5)
Information on film production components, including, but not limited
to, stunts, chase scenes, pyrotechnics, explosions, gunfire or other
special effects;
(6)
Such other information as the City Manager may deem reasonably necessary.
(Ord. 2017-001 § 1)
(A)
General Conditions.
(1)
Applicant shall pay a non-refundable application processing fee as
established by City Council at the time the application is submitted.
(2)
Applicant shall provide a certificate of general liability insurance
to the City in a form approved by the City Attorney. Coverage shall
be provided by a comprehensive general liability insurance policy
in the amount determined by the City's Risk Manager to cover any property
damage or personal injury caused during the special event. The City
of Santa Rosa, its officers, officials, employees and volunteers shall
be named as additional insureds through an endorsement to the General
Liability insurance policy.
(3)
Applicant shall remit fees as established by the City Council to
cover the costs of City services prior to issuance of a permit.
(4)
Applicant shall agree to defend, indemnify, and hold harmless the
City, it's officers, agents, employees and volunteers from and against
all actions, losses, damages, liability, costs, and expenses of every
type and description, including, but not limited to, attorneys' fees,
arising directly or indirectly, in whole or in part, from the acts
or omissions of the applicant, or its officers, agents, employees
or volunteers in connection with the special event.
(B)
Free Speech Marches. Applicants who wish to conduct free speech marches
are exempt from the requirements of subsections (A)(2) through (4)
of this section.
(Ord. 2017-001 § 1)
(A)
The City Manager shall act on a special event permit application
within 15 business days after the filing thereof and shall issue such
permit if:
(1)
The event will not interrupt the safe and orderly movement of other
traffic contiguous to its route;
(2)
The event will not require the diversion of so great a number of
police officers of the City to properly police the event, and the
areas continuous thereto, so as to prevent normal police protection
in the City;
(3)
The concentration of participants, spectators, vendors, and/or equipment
will not unduly interfere with the proper fire and police protection
of, or ambulance service to, areas contiguous to the street, sidewalk,
alley or public parking closure areas;
(4)
The event will not substantially disrupt the use of a street at a
time when it is usually subject to traffic congestion;
(5)
The location of the event will not substantially interfere with street
maintenance work, or a previously authorized encroachment permit or
special event;
(6)
The event will not substantially interfere with municipal functions,
or other previously authorized City activities;
(7)
The event does not create a substantial risk of injury to persons
or property;
(8)
The event would not propose a potential threat to the health, safety
and welfare of the City's population;
(9)
The event would not violate Federal, State or local law including
license/permit requirements; and
(B)
The City Manager may deny a permit if:
(C)
When the grounds for denial can be corrected by imposing reasonable
permit conditions, the City Manager shall impose such conditions rather
than deny the permit.
(D)
With the exception of permits for free speech marches, the City Manager,
in his or her reasonable discretion, may impose additional conditions
to the issuance of special event permits, including, but not limited
to, the following:
(1)
Requirements for the presence of City employees for the particular
event at the applicant's expense;
(2)
Requirements for a traffic control plan to be developed at the applicant's
expense;
(3)
Requirements concerning the posting of no parking signs and placement
of traffic control devices at the applicant's expense;
(4)
Restrictions on the use of firearms, explosives, or other noise-creating
or hazardous devices;
(5)
Restrictions on hours of activity and/or sound amplifying equipment;
(6)
Requirements concerning affected adjacent property owners of the
event; and
(7)
Requirements for additional permits, as needed.
(Ord. 2017-001 § 1)
If a State highway is involved, applicant shall furnish written
proof of permission of the California Department of Transportation.
(Ord. 2017-001 § 1)
(A)
If a permit is denied by the City Manager, the applicant may appeal
the denial to the City Council. The appeal shall be filed in writing
with the City Clerk and shall state the grounds of appeal.
(B)
An appeal must be filed by the applicant within three working days
of denial by the City Manager. The City Council shall hear the appeal
at the next regular meeting held at least five working days after
the filing of the appeal.
(Ord. 2017-001 § 1)
(A)
A special event may be canceled by the City Manager for any of the
following reasons:
(1)
In the event an emergency arises which either requires the presence
of police elsewhere, so as to leave the event without proper police
protection, or leaves the street itself physically obstructed or in
dangerous condition;
(2)
Material information in the application is false;
(4)
Applicant fails to meet any of the conditions listed in the permit.
(Ord. 2017-001 § 1)
With the exception of film production, no permit under this
chapter shall be issued authorizing the closure of a public street,
sidewalk, alley or parking area for a special event that the City
Manager finds is proposed to be held for the sole purpose of advertising
any product, goods, wares, merchandise or event purely for private
profit.
(Ord. 2017-001 § 1)
No person shall in any manner interfere with the progress or
orderly conduct of a permitted special event.
(Ord. 2017-001 § 1)
Upon reasonable notice by a permittee in advance of a special
event, as solely determined by the City Manager, the City Manager
may approve a date change for the special event without requiring
a new application or application fee.
(Ord. 2017-001 § 1)
