This Chapter is adopted for the purpose of regulating public events conducted in city parks and facilities. This Chapter is intended to ensure that such events are safe, do not unreasonably interfere with the general public's use of parks and park facilities, and do not damage public property beyond ordinary wear and tear. In addition, this Chapter is intended to require any person or organization sponsoring or conducting an event to compensate the general public for all costs incurred in connection with operating and maintaining the parks or park facilities reasonably attributable to that event.
(Ord. 1413 § 1, 5/9/22)
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Chapter:
"Basic rate"
means the fee established by City Council resolution for using park property or facilities. The basic rate is based on a fair share of that part of the overall cost of operating and maintaining the City's parks and facilities reasonably attributable to a permittee's use of city park facilities.
"Director"
means the Parks and Recreation Director or designee.
"Event"
means any of the following:
1. 
Any activity in a park that is planned for, or carried out in a manner to attract, more than 100 people to attend or participate in the activity;
2. 
Any activity in which the persons participating in or viewing the activity are charged a fee or solicited for donations; regardless of activity attendance;
3. 
Any activity involving coordinated physical activities, including, without limitation, activities involving sports teams, such as games or practices; ad hoc "pick-up" games or practices; or group instruction, such as dance or fitness; regardless of activity attendance;
4. 
Any activity which includes the sale of food, beverages or merchandise, and/or the rental of equipment or other things; regardless of activity attendance; or
5. 
Any activity where the nature of the activity necessitates reservation of a park, or portion thereof, before the activity of the applicant's exclusive use or where a permit applicant otherwise seeks to reserve a park, or portion thereof, before the activity for the applicant's exclusive use.
"Event"
does not mean any of the following:
1. 
Any activity conducted in a park or portion of such park that is sponsored or carried out by another public agency, a private organization, or an individual pursuant to a lease or other agreement between the City and such public agency, private organization, or individual;
2. 
Any activity exclusively sponsored or carried out by the City.
3. 
Filming at a park where the person filming possesses a filming permit issued pursuant to Chapter 5.60.
"Free speech"
means activity protected by the First Amendment of the United States Constitution and/or Article 1, Section 2 of the California Constitution provided that such activity is a significant part of the event.
"In writing"
means a typewriting, printing, or other means of written, fixed communication.
"Park"
means any city park or park facility operated or maintained by the Parks and Recreation Department, including, without limitation, sports fields, picnic areas, and playgrounds.
"Permittee"
means a person or entity to which the City issues a permit pursuant to this Chapter.
(Ord. 1413 § 1, 5/9/22)
A. 
The Director is authorized to administer and implement this Chapter and the City's Parks and Recreation Facility Use Policy, including, without limitation, receiving and reviewing applications and issue, denying, or revoking permits as authorized by Council resolution.
B. 
The Director may promulgate regulations implementing this Chapter, including, without limitation, regulations addressing authorization procedures; permit type issuance requirements and methods; indemnification and proof of insurance; limits on locations, hours and group size restrictions; and other necessary regulations. Those regulations will ensure City parks remain shared public resources with equitable opportunities for various uses.
(Ord. 1413 § 1, 5/9/22)
Except as otherwise provided, it is unlawful for any person to sponsor or conduct an event in a park unless authorized by a permit issued pursuant to this Chapter.
(Ord. 1413 § 1, 5/9/22)
A. 
Where the provisions of this Chapter require that an applicant/permittee be served with notice, such notice is deemed served when personally delivered to the applicant/permittee; when deposited in first class U.S. Mail, addressed to the applicant/permittee's last known address.
B. 
Unless otherwise provided, written notification to a permittee/applicant of a permit decision will state with particularity the basis for such decision.
(Ord. 1413 § 1, 5/9/22)
The City Council will establish all fees applicable to this Chapter, including, without limitation, the basic rate, by resolution.
(Ord. 1413 § 1, 5/9/22)
Applications for a permit authorizing an event in a park must be accompanied by an application fee based on the estimated administrative costs incurred by the City for processing applications and issuing permits.
(Ord. 1413 § 1, 5/9/22)
The Director must waive any fee required by this Chapter for any permit authorizing a free speech event upon proof of the applicant's inability to pay, which must be supported by a financial declaration.
(Ord. 1413 § 1, 5/9/22)
The City will not issue a permit pursuant to this Chapter unless the permittee has paid the City's basic rate according to the categories set forth and authorized by Council resolution.
(Ord. 1413 § 1, 5/9/22)
A condition of issuing a permit is that the permittee must pay the City additional park use fees equal to the City's total estimated cost for providing City personnel and/or equipment, if any, needed to monitor an event or otherwise provide City services for, or in connection with, the event. These fees will be determined by the Director based on the estimate of the Director as to the number and hours of employment of City personnel necessary to control the event or otherwise provide City services for or in connection with such event.
(Ord. 1413 § 1, 5/9/22)
A permit is not valid unless, in addition to the other conditions contained in this Chapter, the permittee pays all additional use fees to the City within 15 business days of the event permit date.
(Ord. 1413 § 1, 5/9/22)
A. 
The Director will refund all fees submitted pursuant to this Chapter, except for the application fee, if a permittee cancels a permit 90 calendar days or more before the date of an event.
B. 
If a permittee cancels a permit between 89 and 60 calendar days before the event, the Director will refund 50% of the basic rate fees and all other fees excluding the initial application fee and any fees for cancelled services such as security, law enforcement or insurance incurred by the City.
C. 
If a permittee cancels a permit 59 calendar days or less before the event, the Director will refund 25% of the basic rate fees and all other fees excluding the initial application fee and any fees for cancelled services such as security, law enforcement or insurance incurred by the City.
(Ord. 1413 § 1, 5/9/22)
A. 
Except as provided in this Chapter, completed applications for a permit authorizing an event must be filed in the Director's office at least:
1. 
60 calendar days before the date of such event to ensure time for administrative review and any City Council appeal.
2. 
20 business days before the date of such event, in which case the opportunity for a City Council appeal is deemed waived; or
3. 
A lesser time period approved by the Director provided there is sufficient time to process the application pursuant to this Chapter. Any applicant submitting an application pursuant to this Chapter less than 20 business days before an event is deemed to have waived the opportunity for a City Council appeal.
B. 
Except as provided in this Chapter, completed applications for a permit authorizing an event will be denied, approved, or conditionally approved by the Director within seven business days after receiving the completed application. Following such determination, the Director must promptly attempt to notify the applicant orally, and will provide written notification to the applicant.
C. 
Unless otherwise provided, the Director must receive the applicant's acceptance of the approval or conditional approval within five business days after the applicant was served with notification of the decision. Failure to receive actual notice does not invalidate the permit.
(Ord. 1413 § 1, 5/9/22)
A. 
Completed applications for a permit authorizing a free speech event must be filed in the Director's office at least:
1. 
35 days before the date of such event to ensure administrative review and any City Council appeal;
2. 
Two business days before the date of such event in which case the opportunity for a City Council appeal is deemed waived; or
3. 
A time period less than two business days before the date of such event upon good cause shown. Applications will not be accepted less than 24 hours before an event.
B. 
Completed applications will be denied, approved, or conditionally approved by the Director within one business day after receiving the application. The Director must promptly attempt to notify the applicant orally, and provide written notification to the applicant. Such notice must provide detailed facts and reasons for any denial or conditional approval. The Director must consult with the City Attorney before denying, or specially conditioning, a permit for a free speech event.
C. 
The Director must receive applicant's acceptance of the approval or conditional approval at least 24 hours before the event. Failure to accept the Director's decision or to timely file an administrative review request is deemed a withdrawal of the application.
(Ord. 1413 § 1, 5/9/22)
Permit applications will be in a form prescribed by the Director and contain all of the following information:
A. 
The name, mailing address, and daytime and evening telephone numbers of the person filing the application;
B. 
If the event is to be conducted by an organization, the name, mailing address, and daytime telephone number of the organization; and, if requested by the Director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization;
C. 
The name, mailing address, and daytime telephone number of the person who will be present during, and responsible for, the event;
D. 
The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable;
E. 
The nature of the event;
F. 
The proposed date and estimated starting and ending time of the event, including assembly and removal;
G. 
The proposed location of the event, including its boundaries and activity locations;
H. 
The estimated number of participants in the event;
I. 
Unless the use is prohibited by this Code, the type and estimated number of vehicles, animals and/or structures that will be used in the event;
J. 
A description of any sound amplification equipment to be employed at the event;
K. 
The number, size, and material of construction of any signs or banners to be used in the event;
L. 
The event's parking requirements;
M. 
The location of any water, first aid, or comfort stations to be provided at the event;
N. 
The type and number of any vendors who will sell or prepare food, beverages or other goods or services at the event for which a business license is required by this Code;
O. 
Unless the use is prohibited by this Code, whether alcohol will be served at the event; and
P. 
The type of entertainment.
(Ord. 1413 § 1, 5/9/22)
In addition to the information required in this Chapter, applications for all permits authorizing an event must include such supplemental information which the Director may find reasonably necessary, given the nature of the event, in order to determine whether to approve or deny a permit.
(Ord. 1413 § 1, 5/9/22)
A. 
After an event permit application is filed, the Director will promptly forward the application to Directors or designees (collectively "reviewing officers"), whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation:
1. 
The Public Works Director;
2. 
The Public Safety Director; and
3. 
The Planning Director.
B. 
Upon receiving an application, the reviewing officers will consider the application, conduct any necessary investigation, and provide the Director with written recommendations regarding:
1. 
Any special conditions for a permit;
2. 
Whether, based on the scope of the proposed event, a pre-event operational meeting is required. Should such a meeting be necessary, the Director will notify the applicant of the time and place of the meeting within a reasonable time before the event; and
3. 
Any additional recommendations.
C. 
The reviewing officers should complete their review before when the Director must make a decision on the application.
(Ord. 1413 § 1, 5/9/22)
A. 
The Director must issue a permit if:
1. 
The application was complete in accordance with this Chapter;
2. 
There are no grounds for denying the permit; and
3. 
The applicant accepts the permit approval or conditional approval in writing.
B. 
Use of any permit issued pursuant to this Chapter must conform to the general permit conditions of this Chapter and, if applicable, special permit conditions reasonably deemed necessary by the Director to protect public safety, and/or welfare.
(Ord. 1413 § 1, 5/9/22)
A permit may be denied for one or more of the following reasons:
A. 
The application is incomplete;
B. 
The applicant failed to provide reasonable supplemental application information requested by the Director;
C. 
Information submitted by the applicant is materially false;
D. 
The event's time and/or method will unreasonably interrupt the safe and orderly movement of traffic contiguous to the site of the event;
E. 
The concentration of persons, animals, and/or vehicles at the event prevents public safety and/or emergency services from reaching areas at or contiguous to the event;
F. 
The size of the event will overextend public safety and/or emergency services to the extent that the safety of event participants, attendees, and/or the remainder of the City will be seriously jeopardized; provided, however, that this does not authorize denying a permit because of the need to protect participants from the conduct of others;
G. 
The location of the event will substantially interfere with previously scheduled construction or maintenance work at the event site;
H. 
The application was not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein;
I. 
The applicant has any outstanding financial obligations or debts of any kind to the City including, without limitation, outstanding licensing or permitting fees and administrative citation fines;
J. 
The proposed event conflicts or interferes with an event previously permitted, or about to be permitted, for the same location, date, and time; or
K. 
The nature or size of the event threatens to cause significant damage to a park or park property, including, without limitation, landscaping or natural vegetation; provided, however, this does not authorize denying a permit because of threatened damage to a park or park property caused by the actions of persons not conducting such event.
(Ord. 1413 § 1, 5/9/22)
If the Director denies a permit for an event that would be acceptable by changing the event's time, place, or manner, then the Director will inform the applicant of such alternatives. Should the applicant accept the alternative time, place, or manner then the Director will issue a permit in accordance with this Chapter.
(Ord. 1413 § 1, 5/9/22)
Where the Director denies a permit, the Director will serve notice to the applicant and provide copies to the City Attorney.
(Ord. 1413 § 1, 5/9/22)
Permittees must enter into a hold harmless agreement, in a form approved by the City Attorney, with the City which will, in part, indemnify City, its officers, employees, and agents, from any liability arising from permittee's event. Such an agreement will be filed with the Director before a permit is issued.
(Ord. 1413 § 1, 5/9/22)
A. 
Insurance Requirements. Except as otherwise provided by this Chapter, permittees must obtain public liability insurance from an insurance company licensed to do business in the State of California and having a financial rating in Best's Insurance Guide of not less than "A:VII." Such insurance must provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. The amount of such insurance will be based upon the City's insurance guidelines and reflect the size and nature of the event and the risks foreseeably involved. Such insurance will name the City, its elected and appointed officials, employees and volunteers, and agents as additional insureds under the coverage afforded. In addition, such insurance must be primary and noncontributing with respect to any other insurance available to the City and will include a severability of interest (cross-liability) clause. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.00.
B. 
Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the City's risk manager, must be filed with the Director not less than 10 business days, except as otherwise provided in this Chapter, before the date of the event unless the Director for good cause waives the filing deadline.
(Ord. 1413 § 1, 5/9/22)
The Director must waive insurance required by this Chapter for a free speech permit.
(Ord. 1413 § 1, 5/9/22)
A. 
The Director may condition a permit with reasonable requirements concerning the time, place, or manner of holding such event as necessary to protect the safety of persons and property or to control vehicular and pedestrian traffic in and around the site of the event, provided that these requirements are not imposed in a manner that will unreasonably restrict the exercise of free speech rights.
B. 
Conditions may include, without limitation:
1. 
Accommodating an event's pedestrian and vehicular traffic, including restriction of events to a particular park;
2. 
Avoiding substantial interference with public safety and/or emergency service access;
3. 
Limiting the number and type of vehicles, animals, or structures to be displayed or used in the event;
4. 
Having City personnel inspecting and approving stages, booths, and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles are safely constructed and can be safely operated;
5. 
Providing the City a security deposit for repair and/or additional maintenance if the event uses structures, displays or uses large animals, operates water stations, food sales, beverage sales, and/or sales of other goods or services;
6. 
Providing and using traffic cones and barricades;
7. 
Providing and operating first aid stations or sanitary facilities, including sanitary facilities accessible to the disabled;
8. 
Providing and using garbage containers, and cleaning and restoring the event site upon termination of the event;
9. 
Using sound amplification equipment, and restricting the amount of noise generated by motors and other equipment used in the course of the event;
10. 
The manner for providing notice of permit conditions to event participants;
11. 
Providing and using emergency services;
12. 
Obtaining any and all licenses or permits required by this Code or California law for the sale or distribution of food, beverages, or other goods or services at the event, including, without limitation, a valid health permit as required by California Health and Safety Code Section 113920, and any successor statute or regulation, if food is distributed to the public more than three days in any 90-day period;
13. 
Providing electricity, gas, and water for the event;
14. 
Providing signage and barricades that may be necessary to avoid conflicts between persons participating in the event and other persons using the park in and around the site of the event or which may be necessary to protect the park, landscaping, or natural vegetation in and around site of the event;
15. 
Providing monitors and security personnel that may be necessary to safely carry out the event;
16. 
Permitting access to the site of the event through park gates at times when gates are normally closed in order to prepare for an event or to clean up and remove equipment and structures at the conclusion of the event;
17. 
Permitting overnight camping by persons engaged in preparing for the event or providing overnight security for equipment and structures utilized in such event; and
18. 
Providing for the manner in which alcohol sales and service, if any, are conducted.
(Ord. 1413 § 1, 5/9/22)
A. 
The Director may add additional conditions to previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.
B. 
Should subsequent conditions be required, the Director must serve written notice on the permittee of this decision. When acting upon information obtained 24 hours before an event, the Director may orally inform the permittee, and city personnel overseeing the event, of the new conditions.
C. 
Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the Director as provided in this Chapter. The City Manager's decision is a final determination. There is no right of City Council appeal.
D. 
Except where otherwise provided, an applicant conducting a free speech event may appeal the decision to impose subsequent conditions through a hearing before the City Manager. The City Manager's decision is a final determination. There is no right of City Council appeal.
1. 
An applicant is entitled to an appeal hearing provided the applicant appeals the Director's decision within 24 hours of receiving notice of such conditions and the event's purpose is for free speech.
2. 
The hearing will be at the City Manager's office at four p.m. the next business day after the hearing is requested, unless otherwise agreed upon. The City Manager must issue a decision orally at the conclusion of the hearing and also notify the applicant and the Director in writing of the City Manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision.
(Ord. 1413 § 1, 5/9/22)
Except as otherwise provided, an applicant may request administrative review of the Director's decision pursuant to this Chapter.
(Ord. 1413 § 1, 5/9/22)
A. 
Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the Director's decision is served on the applicant/permittee.
B. 
If the request is untimely, the Director may, nevertheless, extend the time for commencing such review for good cause shown.
(Ord. 1413 § 1, 5/9/22)
A request for administrative review must be on a form provided by the Director and contain the following information:
A. 
The name, address, and telephone number of the person making the request;
B. 
A description of the decision, determination, or order which is the subject of the review, and the date such decision, determination, or order was made or issued;
C. 
A brief description of all grounds for making the request; and
D. 
Such other information as may be required by the Director.
(Ord. 1413 § 1, 5/9/22)
A. 
Upon request for administrative review being filed, the Director must promptly provide a copy of the notice to the City Manager;
B. 
Upon reviewing a request for review from the Director, the City Manager must review the request, and, within 10 days of receiving the request notice, provide the applicant with a written notification that:
1. 
The Director's decision is affirmed;
2. 
The Director's decision is modified; or
3. 
The Director's decision is reversed and a permit is issued or issued without special conditions.
C. 
The City Manager may, but is not required to, conduct a hearing at a time and place mutually agreeable to the parties. If the parties cannot agree on a time or place, then it will be held the next business day at four p.m. at the City Manager's office.
D. 
In addition to the other provisions of this Chapter, any notification to the requestor must set forth any modifications to the Director's decision.
(Ord. 1413 § 1, 5/9/22)
Unless otherwise provided, an applicant may appeal the City Manager's decision to the City Council within 10 days of that decision, as provided elsewhere in this Code or by City policy and procedure.
(Ord. 1413 § 1, 5/9/22)
A. 
The applicant may seek, in writing, administrative review by the City Manager within one business day of the Director's oral or written notification, whichever is first, of a denial, revocation, or subsequent conditioning. An administrative hearing will be held at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day after the Director's decision at four p.m. in the City Manager's office. The City Manager may issue a decision orally at the conclusion of the hearing, but must notify the applicant and the Director in writing of the City Manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision.
B. 
The City Manager's decision:
1. 
Is a final determination without right to City Council appeal if the applicant waived the applicant's right to City Council appeal as provided in this Chapter;
2. 
If the right to City Council appeal is not waived, may be appealed to the City Council in writing within two business days of either oral or written notification of the City Manager's decision, whichever is first.
C. 
Applicant will be deemed to have waived administrative review rights should the applicant fail to:
1. 
File a completed application at least two days before an event;
2. 
Seek review of the Director's decision; or
3. 
Attend the administrative hearing personally or through an authorized representative.
(Ord. 1413 § 1, 5/9/22)
A. 
The Director may revoke a permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable.
B. 
The Director may revoke an event permit when the permittee and/or event violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that this subsection will not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the Director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time.
C. 
If the Director revokes a permit before the date of the event, the Director must immediately serve written notice of revocation on the permittee and provide copies of the notice to all city personnel charged with carrying out any responsibility under this Chapter.
If the Director revokes a permit on the day of the event after learning of facts justifying revocation less than 24 hours before the event commences, the Director must announce such action to the event participants, to those City officers and employees monitoring or controlling traffic during the event, and to the person in charge of the event, if such person can be located at the site of the event. Written notice must be delivered after such action to the permittee and Director.
D. 
An applicant is entitled to an appeal hearing before the City Manager provided:
1. 
The applicant appeals the Director's decision within 24 hours of receiving notice of such conditions; and
2. 
The event is scheduled at least 48 hours after the hearing time.
The hearing will be at the City Manager's office at four p.m. the day after the hearing is requested, unless otherwise agreed upon. The City Manager must issue a decision orally at the conclusion of the hearing and notify the applicant and the Director of the City Manager's decision.
E. 
The City Manager's decision is a final determination with no right of City Council appeal.
F. 
The Director or City Manager can only revoke a permit for a free speech event after consulting with the City Attorney.
(Ord. 1413 § 1, 5/9/22)
Pursuant to Code of Civil Procedure Section 1094.8(c), and any successor statute or regulation, actions related to the conditioning or denial of free speech event permits in this Chapter are designated for expedited judicial review pursuant to the procedure set forth in Code of Civil Procedure Section 1094.8.
(Ord. 1413 § 1, 5/9/22)
The Director and any sworn public safety officer may temporarily suspend an event whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and event participants must immediately comply with the suspending officer's instructions. The Director will immediately attempt to notify the applicant orally and will notify the applicant and the City Manager in writing, within 24 hours after the suspension, citing with particularity the facts and the reasons for the suspension.
(Ord. 1413 § 1, 5/9/22)
The City Manager, or designee, is authorized and directed to establish traffic and/or crowd control devices on or within the City's streets, parking facilities, sidewalks, or other public rights-of-way, and to undertake other actions necessary to cordon off the site of an event. In addition, the City Manager, or Director, will, when appropriate, cause the route or site of such event to be posted as a no parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the site of the event.
(Ord. 1413 § 1, 5/9/22)
A. 
Interference with Event. It is unlawful to physically obstruct, impede, or otherwise interfere with any event authorized by a permit issued under this Chapter or with any person, animal, or vehicle participating or used in such event.
B. 
Prohibited Parking. It is unlawful to park vehicles along or within any portion of the site of an event authorized by a permit, when the route or site has been posted as a no parking zone by the Director in a manner authorized by this Chapter.
C. 
The Director may revoke an event permit when the permittee and/or event violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that this subsection will not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the Director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time.
(Ord. 1413 § 1, 5/9/22)