The city is committed to facilitating a wide range of special
events that highlight and support the diverse nature of the city.
The city recognizes that special events provide cultural enrichment,
promote economic vitality and enhance community identity and pride.
The city recognizes that some events may result in temporary inconveniences
or disturbances to residents and businesses in surrounding areas.
Permit conditions for a special event will consider the benefits of
special events, while reasonably balancing the city's obligation to
protect the public health, safety and peaceful enjoyment of residents
and businesses. Permit conditions will also consider the area of the
city where the event is proposed and the types of events and activities
that were contemplated for that area. The city has designated two
entertainment districts, the Waterfront Entertainment District and
Downtown Entertainment District. These districts have been planned
as active and event-oriented areas of the city. It is not the intent
of the city in adopting this chapter to regulate or judge the content
of events, but instead to provide a workable and content-neutral framework
for mitigating the impacts attributable to special events.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
A special
event is defined as any organized activity, formation, parade, procession,
a block party or assembly, outside of normal business operations other
than that which occurs as part of normal business activity, that is
likely to meet any one or more of the following criteria:
1.
Be
attended by one hundred people or more;
2.
May
obstruct, delay or interfere with the normal flow of pedestrian or
vehicular traffic on any public or private right-of-way or sidewalk;
3.
Can
reasonably be expected to be a hazard to the public peace, health,
safety or general welfare of the public;
4.
Can
reasonably be expected to require the provision of city support services,
such as police, fire, public works, or parks maintenance;
5.
Includes
the use of amplified sound, fireworks, pyrotechnics, or noisemakers,
such as, but not limited to, horns, sirens, cannon or gun blast sounds
or whistles;
6.
Involves
the use of temporary structures such as stages or other configurations
that would require fire and/or building inspector approval;
7.
Uses
tents, canopies or awnings spanning four hundred square feet or larger;
8.
Includes
the distribution or sale of alcoholic beverages;
9.
Involves
the use of mobile vendors; or
10.
Will be using armed security.
B.
Special
events will fall within one of the following categories:
1.
Category
I. Category I events generally involve fewer than five hundred people
and are anticipated to require a minimal need for city support services.
2.
Category
II. Category II events generally range between five hundred and two
thousand nine hundred ninety-nine people and are anticipated to require
a moderate need for city support services.
3.
Category
III. Category III events generally range between three thousand people
and above and are anticipated to require a significant need for city
support services.
C.
The
event category typically determines the level of city support services
required to maintain minimal interference and inconvenience to the
general public resulting from the event.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
means an annual permit intended for a series (three or more)
of similar special events sponsored by the same person or organization
in the same twelve month period.
means any person applying for a permit to conduct or sponsor
an event governed by this chapter. Applicants must be eighteen years
of age or older.
means an event involving the temporary closure of a public
or private right-of-way.
means the city manager or the city manager's designee.
means city personnel, contractors, and equipment.
means an area of the city planned for vibrant and regular
special events, the boundaries of which have been established by city
council resolution.
means the First Amendment of the United States Constitution
and the equivalent provisions in the California Constitution.
means a non-refundable fee that is intended to cover the
actual costs of processing and reviewing special event applications
and administering the special events permit program.
means any person who is conducting, sponsoring or organizing
a special event.
means a spectator, fan, supporter or any other person attending
for the purpose of watching and/or participating in the special event.
means a special event permit granted pursuant to this chapter.
means the fee to be paid by the applicant at the time the
application for a permit is filed with the special events administrator.
means any person or organization who has been issued a permit
by the city.
means any individual, firm, partnership, association, corporation,
governmental entity, company or organization of any kind.
means the dedicated portion of any street or road within
the city.
means special events administrator, who is the city manager
or designee.
means the individual designated by the SEA to review and
monitor preparation and/or implementation of the amplified sound plan
for events using amplified sound.
means the individual designated by the applicant/permittee
to monitor implementation of the amplified sound plan for events using
amplified sound.
means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, and written public health
or safety standards, policies, or conditions as they existed on the
date the application was deemed complete.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
Except
as otherwise provided herein, all special events occurring within
the city shall be prohibited, unless a permit, properly issued by
the SEA, has first been obtained.
B.
Exemptions.
A permit is not required for the following:
1.
Funeral
processions.
2.
Governmental
agencies acting within the scope of their authorized function.
3.
Regularly
scheduled religious services.
4.
Category I events held on city property; in such cases organizers shall comply with Chapter 12.12 (Parks and Community Service Facilities) of this code.
5.
Category
I events held at a private facility that was constructed for the purpose
of conducting special events of the type proposed to be held at the
facility.
6.
Non-commercial
special events at private residences.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
Annual
permits will be considered for venues or facilities constructed for
the purpose of producing, hosting or staging special or sporting events,
and/or in the entertainment districts. Except as otherwise provided
in this section, these annual permits shall be subject to the same
rules and regulations applicable to individual permits.
B.
Applications
for annual permits shall be submitted not less than ninety days before
the first scheduled event of the calendar year. An annual permit application
shall be accompanied by a nonrefundable permit application fee in
the amount set by city council in the book of fees. This nonrefundable
permit application fee shall be based on typical costs associated
with processing and reviewing special event permit applications and
administering the special events program and is not intended to generate
revenue that exceeds actual staffing costs for administering the permit
review and issuance process.
C.
For
sporting events, the application shall also include a list of all
anticipated activities, not related to game play, held before, during
or after the event that would otherwise be deemed a special event.
By way of example, and not limitation, such additional activities
may include: pyrotechnics displays, vehicular races/demonstrations
or other hazardous activities, concerts, and animal exhibitions. The
SEA can prohibit, restrict, or place conditions on such additional
activities when the application is considered.
D.
The
permittee shall be responsible for the city's costs in providing a
level of public services necessary to ensure the health, safety and
welfare of both the special event's participants and the community.
Upon approval of the annual permit, the SEA shall provide the applicant
with a statement of the estimated cost of providing such services
for each event. The estimated cost for an initial annual permit shall
be based on the applicant's projected attendance for its first year
of operations. Thereafter, the estimated cost shall be based on the
city's costs actually incurred in the previous year, modified as necessary
to account for changes in the size, scope, or numbers of anticipated
events during the term of the permit.
E.
The
annual permit shall authorize the permittee to conduct only such event(s)
as is described in the permit, and in accordance with the terms and
conditions of the annual permit. It is unlawful for the permittee
to willfully violate the terms and conditions of the annual permit,
or for any event participant with knowledge thereof, to willfully
violate the terms and conditions of the annual permit. Should the
holder of an annual permit desire to conduct an activity that would
otherwise be deemed a special event but is not authorized by the annual
permit, the permittee shall be required to obtain an individual special
event permit for the unauthorized activity.
F.
The
SEA shall issue the annual permit after the application has been approved,
the applicant has agreed in writing to comply with all of the terms
and conditions of the permit, and the requirements of this chapter
respecting indemnification, insurance, public services and cleanup
deposits have been fully satisfied.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
Permits will be considered for events in agricultural and residential zones involving venues or facilities not constructed for the purpose of producing, hosting or staging special events or sporting events. These permits shall be subject to the same rules and regulations applicable to other special event permits. Please see Section 17.30.220.
B.
No
more than twelve special events per calendar year shall be permitted
in agricultural or residential zones or at venues or facilities that
were not designed or intended for such events as its primary purpose.
The applicant shall submit a special event permit application for
each event.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
B.
Notwithstanding
the foregoing, the SEA shall consider an application that is filed
after the filing deadline if:
1.
The
event is a noncommercial activity involving First Amendment expressive
activity, and waiving the filing deadline is necessary to protect
First Amendment rights;
2.
The
SEA determines that there is sufficient time to process and review
the application and to obtain all city support services needed for
the event. Good cause may be demonstrated by showing that the circumstances
that gave rise to the permit application did not reasonably allow
the participants to file an application within the time prescribed.
C.
Applications
received less than the required minimum number of days prior to the
event as noted above will be subject to a late fee in an amount set
by the city council in the city's book of fees.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
The
permit application shall be accompanied by a nonrefundable special
event permit application fee in an amount set by the city council
in the city's book of fees. This nonrefundable permit application
fee shall be based on typical costs associated with processing and
reviewing special event permit applications and administering the
special events program and is not intended to generate revenue that
exceeds actual staffing costs for administering the permit review
and issuance process.
B.
The
application for a permit shall include the information set forth below:
1.
Written
proof of consent by the owners of the property where the special event
is to be held;
2.
The
name, address, email address and telephone number of the applicant
and an alternative contact person;
3.
The
location of the event, including its boundaries and site plan drawings;
4.
If
the proposed event is sponsored by an organization, the name, address
and telephone number of the organization, and the authorized representative
of the organization;
5.
The
nature and purpose of the event, including a list of all planned activities
that are contemplated for the special event;
6.
The
name, address and telephone number of the person(s) who will be present
and in charge of the event on the day of the special event;
7.
Date
and estimated starting and ending times of the special event;
8.
The
estimated number of participants/attendees of the special event;
9.
The
type and estimated number of vehicles, animals and structures which
will be used at the special event, and whether there will be water
aid stations at the special event;
10.
Whether any food or non-alcoholic beverages will be sold or consumed
at the special event, and if so, proof of compliance with all applicable
local, state and federal laws, rules and regulations, including proof
that the applicant has obtained all necessary permits;
11.
Whether any alcoholic beverages will be sold or consumed at the event
and, if so, proof of compliance with all applicable laws, rules and
regulations of the Alcohol Board of Control (ABC);
12.
Parking site plan that includes provisions for meeting the guidelines
set forth in the Americans with Disabilities Act;
13.
The plan for clean-up after the special event, including any contracts
to effectuate the clean-up;
14.
Proof of liability and property insurance;
15.
A description of the sanitary facilities to serve the participants
of the special event;
16.
If the event includes a parade or procession, the application shall
include: (a) the planned route; (b) the number and kind of vehicles,
equipment and animals which will be involved; (c) a plan for the assembly
and dispersal of the parade/procession; and (d) a statement as to
whether the parade/procession will occupy all, or only a portion of,
the streets proposed to be traversed;
17.
A plan to provide notice to area businesses and/or residents that
will likely be significantly impacted by noise, amplified sound, traffic,
odor, dust or light from the event. The notice is to be delivered
by the applicant to the impacted area, as determined by the SEA, no
later than seventy-two hours prior to the event and will include pertinent
information about the event. Within entertainment districts, a plan
and notification of businesses and residents shall be required for
any events expected to have a specific adverse impact on the residents
and businesses; and
18.
Any additional information that, under the particular circumstances
of the special event application, the SEA finds reasonably necessary
to determine whether to approve or conditionally approve a permit.
C.
Amplified
Sound Plan. The application shall include an amplified sound plan
if the event is using amplified sound. This plan, which must be approved
by the SEA prior to the event, as part of the special event permit
shall include:
1.
A
list of the sound equipment that will be used at the event;
2.
A
site plan showing the placement and direction the speakers will be
pointed. (Speakers will not be allowed outside of the permitted area);
3.
A
description of the use of directional speaker systems with cutoff
points;
4.
The
consideration of smaller systems in specific locations throughout
the venue, rather than far ranging single amplification systems;
5.
Times
and duration of planned sound checks; and
6.
The
name of a sound/music supervisor who will remain on site throughout
the event along with contact information and the procedure for contacting
the sound/music supervisor if there are issues during the event.
|
Decibel and other sound check measures may be required at pre-determined
locations throughout the event timeframe. The sound/music supervisor
shall have the results of the decibel and other sound check measures
available should he or she need to respond to an inquiry.
|
|
Depending on the magnitude of an event, the SEA may require
that the applicant's amplified sound plan be reviewed and monitored
by a professional sound engineer hired by the city. The cost of the
city's sound engineer will be borne by the applicant. The city's sound
engineer may require modifications to the amplified sound plan that
will maintain the integrity of the event while minimizing the impact
on surrounding areas.
|
|
Amplified sound guidelines will be set forth as one of the conditions
in the special event permit. Additionally, the city's sound engineer
will monitor sound pursuant to the standards approved in the special
event permit. The city sound engineer will perform at the applicant's
expense and will be in ongoing contact with the sound/music supervisor
throughout the event to ensure compliance.
|
(Ord. 15-3 § 3; Ord. 22-18 § 2)
The SEA shall approve, conditionally approve or deny an application
no fewer than ten calendar days prior to the scheduled event; or thirty
calendar days after the receipt of a complete Category II application;
or forty-five days after the receipt of a complete Class III application.
Denials shall be based on one or more of the conditions or criteria
specified in this chapter. In the event of special circumstances,
as determined by the SEA, time limits for such a determination may
be reasonably extended.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
The SEA may condition the issuance of a permit by imposing reasonable
restrictions on the time, place and manner of conducting the event
as are necessary or appropriate to protect persons and property and
to control traffic, provided that such restrictions shall not unreasonably
interfere with the right of free speech. Such conditions may include,
but are not limited to, the following:
A.
Alteration
of the staffing for, or the date, time, route or location of the event;
B.
Conditions
concerning accommodation of pedestrian or vehicular traffic, including
restricting the event to only a portion of a street;
C.
Requirements
for provision of first aid and sanitary facilities, including the
presence of emergency medical services personnel for all Category
III special events;
D.
Requirements
for use of event monitors and providing notice of permit conditions
to event participants;
E.
Approval
of any proposed private security forces;
F.
Restrictions
on the number and type of vehicles, animals or structures at the event;
G.
Compliance
with animal protection ordinances and laws;
H.
Requirements
for use of garbage containers, cleanup, and restoration of city property;
I.
Conditions
to address noise in general, traffic, odor, dust or lighting;
J.
Restrictions
on the time and use of fireworks, amplified sound and noise makers
such as, but not limited to, horns, sirens, canon or gun blast sounds
and whistles. With the exception of July 4th and New Year's Eve into
the new year, these sounds shall be restricted in entertainment districts
to no later than ten p.m. Sunday through Thursday and midnight on
Friday and Saturday. In all other areas of the city these sounds shall
be restricted to ten p.m. Sunday through Saturday;
K.
Permits
for block parties may be conditioned on having approval of a majority
of all residents living on streets affected by the block party;
L.
Compliance
with any relevant ordinance or law and obtaining any legally required
permit or license;
M.
Adequate
proof of payment of the city support service fees;
N.
Adequate
proof of compliance with the clean-up requirements; and
O.
Facilities
designed for special events and operating under the terms of an existing
use permit shall comply with the operating conditions and limitations
set forth in the use permit, and in the event any of those terms conflict
with the terms set forth in this chapter, the use permit shall control.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
The
SEA shall approve an application for a permit unless he or she determines,
from a consideration of the application or other pertinent information,
that:
1.
Information
contained in the application, or supplemental information requested
from the applicant, is false in any material detail;
2.
The
application is incomplete, or the applicant failed to complete the
application after having been notified of the additional information
or documents required;
3.
The
applicant undertook a prior special event without a required permit
or otherwise in violation of this chapter;
4.
The applicant failed to pay the additional costs of a prior special event charged pursuant to Section 12.08.150(C);
5.
Another
permit application has been received prior in time, or has already
been approved, to hold another event at the time and place requested
by the applicant or so close in time and/or place as to cause undue
traffic congestion, or the police department is unable to meet the
needs for police services for both events;
6.
The
concentration of persons, animals and vehicles at the site of the
event, or the assembly and disbanding areas around the event, will
either prevent proper police, fire or emergency medical services to
areas contiguous to the event or exceed the capabilities of the police,
fire or emergency medical services needed to adequately protect the
participants from the conduct of others;
7.
The
size of the event will require diversion of so great a number of city
police officers and other public employees to ensure that participants
stay within the boundaries or route of the 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 permit when additional peace
officers or approved private security forces to supplement these peace
officers would be available to the city, if requested by the city
in advance of the event. Nothing herein authorizes denial of a permit
because of the need to protect participants from the conduct of others,
if reasonable 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
location of the 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;
9.
The
event will occur at a time when a school is in session at a route
or location adjacent to the school or class thereof, and the noise
created by the activities of the event would substantially disrupt
the educational activities of the school or class thereof;
10.
Given the nature of the special event, and/or the past history of
the applicant, sponsors and/or participants, the SEA reasonably determines
that event presents a substantial risk to the health, safety and welfare
of the participants and/or local residents that cannot be adequately
mitigated using available public resources; or
11.
The applicant failed to comply with the California Fire Code during
previous special events.
B.
When the grounds for denial specified in subsections (A)(4) through (A)(10) of this section can be corrected by altering either the staffing for, or the date, time, duration, route, or location of the event, the SEA shall, instead of denying the application, conditionally approve the application upon the applicant's written acceptance of conditions for permit issuance. The conditions imposed pursuant to this section shall provide for only such modifications of the applicant's proposed event as are necessary to achieve compliance with subsections (A)(4) through (A)(10) of this section.
C.
If
the application is denied, the SEA shall inform the applicant of the
grounds for denial in writing. If the application is conditionally
approved, the SEA shall inform the applicant of any permit conditions
at the time the application is approved.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
The
SEA shall issue the permit after the application has been approved,
the applicant has agreed in writing to comply with all of the terms
and conditions of the permit, and the requirements of this chapter
have been fully satisfied.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
(Ord. 15-3 § 3; Ord. 22-18 § 2)
Prior to the issuance of a permit, the applicant shall execute
an indemnification agreement. The agreement shall provide that the
applicant shall defend, indemnify and hold harmless the city and its
officers, officials, employees and volunteers from any liability to
any persons or property resulting from any damage or injury occurring
in connection with the permitted event, insofar as permitted by law.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
The
permittee of a special event must possess or obtain public liability
insurance to protect against liability for personal injury and property
damage arising from the event. Coverage shall be a comprehensive general
liability insurance policy. Minimum limits required:
1.
Two
million dollars for each occurrence combined single limit bodily injury
and property damage.
2.
If
food or nonalcoholic beverages are to be sold or served at the event,
the policy must also include an endorsement for products liability
in an amount not less than five hundred thousand dollars. If alcoholic
beverages are to be sold or served at the event, the policy must also
include an endorsement for liquor liability in an amount not less
than five hundred thousand dollars.
B.
Insurance
required pursuant to this section shall be maintained for the duration
of the event and shall:
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
Upon
approval of an application for a permit, the SEA shall provide the
applicant with a statement of the estimated cost of providing city
support services. The cost of such services shall be solely borne
by the applicant and shall be paid to the city at the time the event
is permitted. A permit will not be issued unless fees have been paid.
B.
The
city support service fees will be established by the city council
in the book of fees. The amount of such fees shall be based on the
city's actual cost of providing the services necessary to ensure the
safety of both the special event's participants and the community.
C.
If
the actual cost of city support services for the event is less than
the estimated cost, the applicant will promptly be refunded the difference
by the city. If the actual cost for city support services is more
than the estimated cost, the difference shall become due and payable
to the city upon the permittee's receipt of a statement of costs.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
The
applicant for an event in public facilities or on public property
or rights-of-way involving the sale of food or beverages, erection
of structures, horses or other large animals, or water aid stations,
shall be required to provide a cleanup deposit prior to the issuance
of a permit. As an alternative to such deposit, the applicant may
provide a written contract for event cleanup.
B.
The
cleanup deposit shall be returned after the event, if the area used
for the event has been cleaned and restored to the same condition
as existed prior to the event.
C.
If
the public facilities, property, or rights-of-way used by the participants
of the special event have not been fully cleaned or restored, the
permittee shall be billed for the actual cost for cleanup and restoration,
and the cleanup deposit, or a portion thereof, shall be applied toward
payment of the bill. If the permittee disputes the bill, the permittee
may appeal to the SEA within five days after receipt of the bill.
Should there be any unexpected balance on deposit after completion
of the work, this balance shall be refunded to the applicant/sponsor.
Should the amount of the bill exceed the cleanup deposit, the difference
shall become due and payable to the city upon the applicant's receipt
of the bill.
D.
If
an applicant has unpaid cleaning costs from a previous special event,
all future special event permit applications will be denied until
the debt has been remedied.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
The city council adopted Administrative Policy IX-A-6 which
sets forth the policy factors and procedure for city council to consider
when administering special event fee waivers to ensure they are approved,
limited or denied in a fair non-discriminatory and consistent manner,
and to establish mutually beneficial partnerships between the city,
event organizers and the community. The SEA will evaluate requests
for waivers or reductions in fees in accordance with the policy and
make a recommendation for a waiver or reduction in fees to the city
council as part of the city's biennial budget process.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
Each
permittee shall comply with all terms and conditions of the permit.
B.
Each
permittee shall ensure that the person in charge of any special event
shall carry the permit on his or her person or otherwise have the
permit immediately available upon demand.
C.
Each
permittee shall ensure the area used for the permitted event is immediately
cleaned and restored to the same condition as existed prior to the
event.
D.
Each
permittee shall comply with all applicable local, state and federal
laws, rules and regulations, including, but not limited to, this chapter,
the California Fire Code.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
It is unlawful for any person to sponsor or conduct a special
event requiring a permit unless a permit has been issued for the event.
It is unlawful for any person to participate in a special event with
the knowledge that the sponsor of the event has not been issued the
required permit.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
It is unlawful to exceed the scope of the permit for the event(s)
described in the permit, and in accordance with the terms and conditions
of the permit. It is unlawful for the permittee to willfully violate
the terms and conditions of the permit, or for any event participant
with knowledge thereof, to willfully violate the terms and conditions
of the permit.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
A.
The SEA may revoke a permit upon a finding that the event is not being conducted in compliance with any term, condition, restriction, or limitation of the permit, or if he or she finds that, as a result of changed circumstances, any one or more of the grounds for denial have been met. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the city council from any such revocation may be taken in accordance with Section 12.08.120.
B.
The
SEA, chief of police or designee and/or fire captain or designee may
revoke a permit and close a special event prior to the expiration
of the permit in the event of the occurrence of a riot, major disorder
or serious breach of the peace when, in their opinion, it is necessary
to prevent injury to persons and/or to property.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
All violations of the provisions of this chapter are infractions, punishable as set forth in Chapter 1.12.
(Ord. 15-3 § 3; Ord. 22-18 § 2)
