The city council finds and declares as follows:
A. 
The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect and promote the health, safety and welfare of the citizens of the city of Moreno Valley.
B. 
The freedom to express, disseminate or communicate one's opinions, views or ideas is an important fundamental right guaranteed to all by the First Amendment of the United States Constitution and Article 1, Section 2 of the California Constitution. The permit requirements and restrictions imposed by this chapter are not intended to interfere with that right any more than is reasonably necessary to protect and promote the health, safety and welfare of the citizens of the city of Moreno Valley.
C. 
The city is authorized, by virtue of the State Constitution, to regulate special events such as parades, concerts, demonstrations, and other events and celebrations which are conducted wholly, or in part, in or upon public streets, sidewalks, roadways, alleys or other public rights-of-way; in public parks; or in or upon any other property owned or controlled by the city.
D. 
There is significant risk of impact of special events on the normal free flow of vehicular and pedestrian traffic, as well as on city services, resources, equipment and personnel.
E. 
There is significant risk of impact of special events on businesses and residents in the same general area of the special event.
F. 
There is significant risk of injury to person or health from goods or services sold or provided by concessionaires or vendors who are not authorized by the event organizer to sell or provide goods or services at or near the site of the special event.
G. 
Therefore, the purpose of this chapter is to establish a uniform procedure for evaluating, permitting and regulating special events conducted wholly, or in part, in or upon public streets, sidewalks, roadways, alleys or other public rights-of-way; in public parks; or in or upon any other property owned or controlled by the city.
H. 
In enacting this chapter, the city council intends:
1. 
To promote public health, safety and welfare;
2. 
To ensure that the freedom to express, disseminate or communicate one's opinions, views or ideas as guaranteed to all by the First Amendment of the United States Constitution and Article 1, Section 2 of the California Constitution is not interfered with any more than is reasonably necessary to protect and promote the health, safety and welfare of the citizens of the city;
3. 
To minimize the impacts of special events on the normal free flow of vehicular and pedestrian traffic;
4. 
To ensure that the best interests of the public and the residents of the city are upheld at all times;
5. 
To provide the city with adequate time to logistically accommodate special events;
6. 
To establish procedures whereby the organizer of any such special event shall be required to obtain a permit;
7. 
To require that such special event organizer provide the city with a list of vendors or concessionaires who are authorized by the organizer to sell products or services at or near the site of the special event;
8. 
To establish procedures for making the organizer of the special event responsible for the number and type of such concessionaires or vendors and to make the organizer responsible for the quality of all products or services that are sold by organizer authorized concessionaires or vendors;
9. 
To place responsibility on the organizer of a special event (and the organizer-authorized concessionaires or vendors) to clean up trash and debris associated with the activities of the special event;
10. 
To insure that the persons attending the special event are not inconvenienced or harassed by unauthorized concessionaires or vendors;
11. 
To permit the organizer of a special event to control the type and quality of the products and services sold by the organizer-authorized concessionaires and vendors; and
12. 
To assure that products and services offered for sale to persons attending special events are not harmful or potentially harmful to the public health, safety, or welfare.
(Ord. 554 § 1.2, 1999)
For the purpose of this chapter, unless the context clearly requires otherwise, the words and phrases used herein shall have the following meanings:
"Administrative services director"
means the administrative services director of the city of Moreno Valley or his or her designee.
"Advertise"
means to explicitly or implicitly publicize a special event to members of the general public by any means of general dissemination, including but not limited to, print and electronic media, balloons, banners, signs, handbills, leaflets, flyers or mailers.
"Applicant"
means any person or organization that seeks a special event permit to conduct or sponsor an event governed by this chapter. An applicant must be at least 18 years of age.
"Athletic event"
means an occasion in which a group of 50 or more persons collectively engage in mass participation or spectator sports, or form of physical exercise, on or within a public street, sidewalk, roadway, alley, public park, or other property owned or controlled by the city, including but not limited to, roller skating, in-line skating, skateboarding, jogging, running, bicycling and racing of any kind, other than as part of a parade or public assembly.
"Block party"
means any gathering or event on a residential street requiring closure of the street, or part thereof, to vehicular traffic, and the use of such street for the gathering or event such as, but not limited to, parties, dances, concerts or musical performances, barbecues, games, exhibits, shows and rallies.
"Building"
means any fully enclosed permanent structure built for the support, shelter, or enclosure of persons, animals, chattel or property of any kind.
"Chief of police"
means the police chief of the city of Moreno Valley or his or her designee.
"City"
means the city of Moreno Valley, the community redevelopment agency of the city of Moreno Valley, the Moreno Valley community services district, and their respective departments and divisions.
"City attorney"
means the city attorney for the city of Moreno Valley or his or her designee.
"City council"
means the city council of the city of Moreno Valley, the city council sitting in its capacity as members of the community redevelopment agency of the city of Moreno Valley, and the city council sitting in its capacity as the board of directors of the Moreno Valley community services district.
"City manager"
means the city manager of the city of Moreno Valley or his or her designee.
"Commercial special event"
means any special event organized and conducted by any person that does not qualify as a tax-exempt nonprofit organization.
"Concert"
means any live or recorded musical or vocal performance whether or not an admission is charged.
"Concessionaire"
means any person who sells, or offers to sell, any goods, food, or beverages to participants or patrons of the special event along the route, at the site, or within the venue of a special event.
"Demonstration"
means any formation, procession, or public assembly of 50 or more persons which, for the primary purpose of expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution, is:
1. 
To gather, assemble, or travel in unison on any public street, sidewalk, roadway, alley, or other public right-of-way in a manner that obstructs, delays, or otherwise interferes with the normal flow of vehicular or pedestrian traffic, and/or which does not comply with all applicable traffic regulations or controls; or
2. 
To gather or assemble at or in a public park or other public area; or
3. 
To gather or assemble at or in any public building within the city; or
4. 
To gather or assemble at, in, or upon any other property owned or controlled by the city.
"Event"
means any athletic event, demonstration, parade, public assembly or special event.
"Event organizer"
means any person who conducts, manages, promotes or organizes a special event, or who aids or solicits attendance at a special event.
"Expressive activity"
means conduct of which the sole or principal object is the expression, dissemination or communication of opinions, views, or ideas that are protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution by verbal, visual, literary or auditory means and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity.
"Fee for appeal"
means the fee to be paid by any person appealing an administrative review decision to the city council, pursuant to the appeal fee schedule established by resolution of the city council. The fee for appeal is a nonrefundable processing fee to cover the administrative costs of the appeal.
"Goods"
means goods, wares, personal property, merchandise or any other similar item that is generally sold.
"Gross revenue"
means the sum of all revenues received by an event organizer for a special event, including, but not limited to, cash receipts, fees, licensing, sponsorships, advertising, sales and similar revenues and concessions.
"Noncommercial special event"
means any special event organized and conducted by a person that qualifies as a tax-exempt nonprofit organization.
"Parade"
means any march or procession of persons, animals and/or vehicles of any kind in or upon public streets, sidewalks, roadways, alleys, public parks, or in or upon any other property owned or controlled by the city, except public employees acting in the course and scope of their employment.
"Parks director"
means the parks director of the city of Moreno Valley or his or her designee.
"Permit application fee"
means the fee to be paid by the permit applicant at the time the application is filed, pursuant to the application fee schedule established by resolution of the city council. The permit application fee is a nonrefundable application-processing fee.
"Person"
means all domestic and foreign corporations, associations, partnerships of every kind, joint ventures, clubs, societies, groups, organizations and individuals.
"Public assembly"
means any group of people participating in an organized activity in or upon any public street, sidewalk, roadway, alley, public park or in or upon any other property owned or controlled by the city.
"Public right-of-way"
means any property that is dedicated as a public right-of-way on any map recorded with the county of Riverside, or by which the public has acquired a right-of-way by easement, whether or not accepted into the city-maintained road system.
"Public works director"
means the public works director of the city of Moreno Valley or his or her designee.
"Sidewalk"
means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
"Sign"
means any sign, pennant, flag, banner, inflatable display or other attention-seeking device.
"Special event"
means:
1. 
Any organized formation, parade, procession, athletic event, demonstration or public assembly consisting of 50 or more persons, which may include animals, vehicles or any combination thereof, that is to assemble or travel in unison in or upon any public street, sidewalk, roadway, alley or other public right-of-way, and which obstructs, delays or otherwise interferes with the free flow of vehicular or pedestrian traffic, and/or which does not comply with all applicable traffic regulations or controls; or
2. 
Any assemblage of 50 or more persons that is organized by any person for a common or collective use, purpose or benefit that is to occur within any public park; or
3. 
Any other assemblage of 50 or more persons that is organized by any person for a common or collective use, purpose or benefit that involves the use of, or has an impact on, any public building, property or facility owned or controlled by the city.
"Special event permit"
means a permit issued under this chapter.
"Special event venue"
means that physical area for which a special event permit has been issued.
"Street"
means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel.
"Structure"
means any permanent or temporary structure such as tents, canopies, bleachers or other types of seating, media towers, trailers, stands, vendor or concession displays, booths, or any other structure that will be used in the course of the special event.
"Tax-exempt nonprofit organization"
means an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six months preceding the date of application for a special event permit.
"Vendor"
means any person who sells, or offers to sell, any goods, food or beverages to participants or patrons of the special event along the route, at the site or within the venue of a special event.
(Ord. 554 § 1.2, 1999)
A. 
No person shall hold, conduct, sponsor, participate in or maintain a special event without first applying for and obtaining a special event permit and timely fulfilling any and all conditions of approval imposed upon the issuance of the special event permit.
B. 
The special event permit required by this chapter is in addition to any and all other permits and or licenses that may be required for the event or event activities pursuant to any other provision of the Moreno Valley Municipal Code, any other city regulation, or any other county, state or federal law or regulation.
C. 
Permit applications for special events that are proposed to occur in or upon any public sidewalk, street, right-of-way, roadway or alley shall be filed in the public works department. The public works director is authorized to approve or deny such applications pursuant to the provisions of this chapter. The public works director shall coordinate with all other city departments, including police and fire, in the timely processing of each application. The public works director shall set reasonable boundaries for the special event location, site, route or venue by balancing the special event requirements with public health, welfare and safety. The public works director is authorized to coordinate the issuance of a special event permit with other public agencies through whose jurisdiction or property the event or portion thereof occurs, and to issue a special event permit upon the concurrence of the other public agencies involved.
D. 
Permit applications for special events that are proposed to occur within public parks shall be filed in the parks department. The parks director is authorized to approve or deny such applications pursuant to the provisions of this chapter. The parks director shall coordinate with all other city departments, including police and fire, in the timely processing of each application. The parks director shall set reasonable boundaries for the special event location, site, route or venue by balancing the special event requirements with public health, welfare and safety. The parks director is authorized to coordinate the issuance of a special event permit with other public agencies through whose jurisdiction or property the event or portion thereof occurs, and to issue a special event permit upon the concurrence of the other public agencies involved.
E. 
Permit applications for special events that are proposed to occur in or upon any other property, or within any other building, owned or controlled by the city, shall be filed in the administrative services department. The administrative services director is authorized to approve or deny such applications pursuant to the provisions of this chapter. The administrative services director shall coordinate with all other city departments, including police and fire, in the timely processing of each application. The administrative services director shall set reasonable boundaries for the special event location, site, route or venue by balancing the special event requirements with public health, welfare and safety. The administrative services director is authorized to coordinate the issuance of a special event permit with other public agencies through whose jurisdiction or property the event or portion thereof occurs, and to issue a special event permit upon the concurrence of the other public agencies involved.
(Ord. 554 § 1.2, 1999)
A. 
The city council shall establish by resolution, from time to time amended, the fees for the administration of this chapter.
B. 
Licenses and fees required under this chapter shall be in addition to any other license, permit or fee required under any other chapter of the Moreno Valley Municipal Code, any other city regulation, or under any other county, state or federal law or regulation.
C. 
Except as otherwise provided for herein, an application fee for a special event permit shall be paid at the time of filing the application. An application for a special event permit shall not be deemed completed until the permit application fee is paid.
D. 
The application fee for a special event permit shall be waived by the director of the department charged with processing the application pursuant to Section 11.38.030, subject to city manager approval, if any of the following criteria are met:
1. 
The sponsor of the special event is a tax-exempt nonprofit organization and the director of the department charged with processing the application pursuant to Section 11.38.030 determines that all of the following factors are met:
a. 
The tax-exempt nonprofit organization operates from or provides services within the city; and
b. 
The event provides a benefit to the general public; and
c. 
The event includes participation by the general public (notwithstanding an admission or participation fee); and
d. 
The applicant and event organizer execute a declaration under penalty of perjury that neither the applicant, nor the event organizer, has the financial resources to pay the application fee, supported by financial documentation and records demonstrating such inability to pay the application fee, which documents and records are to be filed with the declaration; or
2. 
The event is a demonstration special event and the applicant and event organizer execute declarations under penalty of perjury establishing all of the following factors:
a. 
The demonstration special event primarily involves an exercise of rights under the First Amendment of the United States Constitution, or Article 1, Section 2 of the California Constitution; and
b. 
The amount of the application fee is so financially burdensome that it would constitute an unreasonable burden on the exercise of First Amendment rights; and
c. 
Neither the applicant, nor the event organizer, has the financial resources to pay the application fee, supported by financial documentation and records demonstrating such inability to pay the application fee, which documents and records are to be filed with the declaration.
(Ord. 554 § 1.2, 1999)
Any person wishing to hold, sponsor, conduct, operate or maintain a special event shall file a completed special event permit application on the approved form provided by the city department that is charged with processing the application pursuant to Section 11.38.030, along with the permit application fee established by resolution of the city council. The application form shall be signed by the applicant, if an individual; a general partner authorized to sign in behalf of a partnership; an officer or director authorized to sign in behalf of a corporation; or a participant authorized to sign in behalf of a joint venture or association. The application shall be signed under penalty of perjury that the contents of the application are true and correct.
(Ord. 554 § 1.2, 1999)
A. 
The application for a special event permit shall include all of the following:
1. 
The name, home and business address, and home and business telephone number of the applicant;
2. 
A certification that the applicant will be financially responsible for any city fees or costs that may be imposed for the event;
3. 
The name, home and business address, and home and business telephone number of the event organizer, and the chief officer of the event organizer;
4. 
The name, home and business address, and the home and business telephone number of the person(s) who will be physically present and in charge of the special event on the day of the event;
5. 
If the special event is designed to be held by, on behalf of, or for any event organizer other than the applicant, the applicant for the special event permit shall file a notarized written communication from such event organizer:
a. 
Authorizing the applicant to apply for the special event permit on the event organizer's behalf, and
b. 
Certifying that the event organizer on whose behalf the application is being filed will be financially responsible for any and all city costs or fees that may be imposed for the event;
6. 
A copy of the tax exemption letter issued for any applicant and event organizer claiming to be a tax-exempt nonprofit organization, if applicable;
7. 
A detailed written description of the proposed special event using 25 words or more;
8. 
A statement of fees to be charged by the applicant and/or event organizer for the special event, if applicable;
9. 
The date and times when the special event is to be conducted;
10. 
The approximate times when assembly for and disbanding of the special event is to take place;
11. 
The specific proposed location, site or route of the special event, including a map and written narrative of the location, site or route and all assembly areas, staging areas, production areas, and disbanding areas;
12. 
The proposed site of any reviewing stands, bleachers, or other participant or patron seating areas;
13. 
Proposed alternate locations, sites, routes, venues or times for the special event, where applicable;
14. 
The approximate number of persons, animals or vehicles that will participate in and patronize the special event;
15. 
The kinds of animals anticipated being part of the special event, if applicable;
16. 
A description of the types of vehicles to be used in the special event, if applicable;
17. 
The number, type and size of floats or other displays that will be part of the special event, if applicable;
18. 
The number and types of buildings and/or structures that will be used in the course of the special event, if applicable;
19. 
The number, type, size and approximate weight of any signs or banners that will be used in the course of the special event, if applicable;
20. 
The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise, including the proposed decibel level of such equipment, if applicable;
21. 
A description of any sound amplification equipment to be used during the special event, including proposed decibel levels, if applicable;
22. 
A description of, and proposed locations for, food, drink, and other goods that will be sold at the special event, if applicable;
23. 
Proof of the event organizer's Alcoholic Beverage Commission license to serve alcoholic beverages, if applicable;
24. 
The names, home and business addresses, and home and business telephone numbers of all vendors and concessionaires authorized to sell food, beverages, or goods at the special event, if applicable;
25. 
The number and location of portable sanitation and drinking water facilities;
26. 
Provisions for first aid or emergency medical services, or both, based on event risk factors;
27. 
Other equipment or services necessary to conduct the event with due regard for participant and public health and safety;
28. 
The parking requirements and locations of parking accommodations for the special event;
29. 
A description of handicap access and accommodations to be provided at the special event;
30. 
The name, home and business address, and home and business telephone number of the person(s) proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for events using city streets, sidewalks or facilities. This information shall be revised and/or updated prior to the special event if a different person is chosen to monitor or facilitate the special event;
31. 
Insurance and surety bond information, unless waived pursuant to the provisions of this chapter;
32. 
Any special or unusual requirements that may be imposed or created by virtue of the proposed special event activity;
33. 
A certification under penalty of perjury that the event is a demonstration, or otherwise involves expressive activity, if applicable;
34. 
Any other information required by the director of the department charged with processing the application pursuant to Section 11.38.030.
(Ord. 554 § 1.2, 1999)
A. 
Except as provided in subsection B of this section, an application for a special event permit shall be submitted to the department charged with processing the application pursuant to Section 11.38.030 not less than 60 calendar days, nor more than one year, before the date when it is proposed to conduct the special event.
B. 
Any person organizing a demonstration shall submit an application for a special event permit not less than five working days, nor more than one year, before the time when it is proposed to conduct the demonstration.
(Ord. 554 § 1.2, 1999)
A. 
An application for a special event permit is deemed completed when:
1. 
The applicant has provided all of the information required in this chapter, including any additional information required by the director of the department charged with processing the application pursuant to Section 11.38.030;
2. 
The permit application fee has been paid; and
3. 
The city department charged with processing the application pursuant to Section 11.38.030 accepts the application as a completed application.
B. 
The director of the department charged with processing the application pursuant to Section 11.38.030 is not required to act on any application that is not completed pursuant to the provisions of this chapter.
(Ord. 554 § 1.2, 1999)
A. 
Issuance of a special event permit does not obligate or require the city to provide city services, equipment or personnel in support of any special event.
B. 
If city services are provided in support of a commercial special event, the applicant and/or event organizer shall pay full cost recovery pursuant to Section 11.38.230 for all city services, equipment or personnel. Without city council approval, but subject to city manager approval, the director of the department charged with processing the application pursuant to Section 11.38.030 may authorize the provision of city services, equipment or personnel for a commercial special event if provisions are made with the applicant and/or event organizer for revenue sharing from the event that provides at least full cost recovery. Subject to approval of the city council, the director of the department charged with processing the application pursuant to Section 11 .38.030 may authorize the provision of city services, equipment or personnel for commercial special events at less than full cost recovery if all of the following criteria are met:
1. 
The city is a co-sponsor of the special event; and
2. 
The cost to the city does not exceed 50% of the total cost for city services for the entire event; and
3. 
The cost is within budget limitations; and
4. 
The city council finds that a public purpose will be served by finding that all of the following factors are met:
a. 
The event provides a benefit to the general public, and
b. 
The event includes participation by the general public (notwithstanding an admission or participation fee), and
c. 
The provision of city services will result in improved crowd or event control and general public safety.
C. 
If city services are provided in support of a noncommercial special event, the applicant and/or event organizer shall pay full cost recovery pursuant to Section 11.38.230 for all city services, equipment or personnel. Without city council approval, but subject to city manager approval, the director of the department charged with processing the application pursuant to Section 11.38.030 may authorize the provision of city services, equipment or personnel in direct support of a noncommercial special event at less than full cost recovery if the city is a co-sponsor of the event and if all of the following criteria are met:
1. 
The cost to the city does not exceed 50% of the total cost for the entire event; and
2. 
The cost is within budget limitations; and
3. 
The city manager finds that a public purpose will be served by finding that all of the following factors are met:
a. 
The event is organized and conducted by a tax-exempt nonprofit organization which operates from or provides services within the city, and
b. 
The event provides a benefit to the general public, and
c. 
The event includes participation by the general public (notwithstanding an admission or participation fee), and
d. 
The provision of city services will result in improved crowd or event control and general public safety.
D. 
If city services are provided in support of a demonstration special event, the applicant and/or event organizer shall pay full cost recovery pursuant to Section 11.38.230 for all city services, equipment or personnel. Without city council approval, but subject to city manager approval, the director of the department charged with processing the application pursuant to Section 11.38.030 shall authorize partial cost recovery pursuant to Section 11.38.230 if the applicant and event organizer execute declarations under penalty of perjury establishing all of the following factors:
1. 
The demonstration special event primarily involves an exercise of rights under the First Amendment of the United States Constitution, or Article 1, Section 2 of the California Constitution; and
2. 
The amount of full cost recovery is so financially burdensome that it would constitute an unreasonable burden on the exercise of First Amendment rights; and
3. 
Neither the applicant, nor the event organizer have the financial resources to pay full cost recovery pursuant to Section 11.38.230, but do have the resources to pay partial cost recovery, supported by financial documentation and records demonstrating such inability to pay full cost recovery, which documents and records are to be filed with the declaration.
E. 
Without city council approval, but subject to city manager approval, the director of the department charged with processing the application pursuant to Section 11.38.030 shall waive all cost recovery pursuant to Section 11.38.230 as to any application for a demonstration special event permit if the applicant and event organizer execute declarations under penalty of perjury establishing all of the following factors:
1. 
The demonstration special event primarily involves an exercise of rights under the First Amendment of the United States Constitution, or Article 1, Section 2 of the California Constitution; and
2. 
The amount of any cost recovery is so financially burdensome that it would constitute an unreasonable burden on the exercise of First Amendment rights; and
3. 
Neither the applicant, nor the event organizer have the financial resources to pay any cost recovery pursuant to Section 11.38.230, supported by financial documentation and records demonstrating such inability to pay any cost recovery, which documents and records are to be filed with the declaration; and
4. 
The applicant and the event organizer agree to hold the demonstration special event on a non-holiday weekday between the hours of nine-thirty a.m. and three-thirty p.m.
(Ord. 554 § 1.2, 1999)
A. 
Except as provided in subsection B of this section, the director of the department charged with processing the application pursuant to Section 11.38.030 shall take final action upon a completed application for a special event permit within 20 calendar days after the completed application is filed.
B. 
The director of the department charged with processing the application pursuant to Section 11.38.030 shall take final action upon a completed application for a special event permit for a demonstration within 24 hours after the completed application is filed, excluding holidays and weekends.
C. 
Under no circumstances is the director of the department charged with processing the application pursuant to Section 11.38.030 required to take final action upon any special event permit application prior to 180 calendar days before the event.
D. 
The director of the department charged with processing the application pursuant to Section 11.38.030 is not required to take final action on an incomplete or untimely special event permit application.
E. 
Except for applications for a demonstration special event permit, the director of the department charged with processing the application pursuant to Section 11.38.030 is not required to take final action upon two or more special event permit applications submitted by the same applicant unless two or more weeks shall have elapsed between the respective dates of submission of each application.
F. 
Final action on a completed special event permit application by the director of the department charged with processing the application pursuant to Section 11.38.030 shall consist of one of the following:
1. 
Issuance of a permit in accordance with the terms of the application; or
2. 
Issuance of a permit in accordance with the terms of the application, as modified by mutual agreement between the director of the department charged with processing the application pursuant to Section 11.38.030 and the applicant; or
3. 
Denial of the permit.
(Ord. 554 § 1.2, 1999)
A. 
A special event permit shall be issued if all of the following conditions are met:
1. 
The event will not significantly interrupt public transportation, or other vehicular and pedestrian traffic, in the area of its location, site, route or venue for more than four continuous hours;
2. 
The event will not cause an unreasonable conflict with construction or development in the public right-of-way or at a public facility;
3. 
The event will not block traffic lanes or close streets during peak commuter hours on nonholiday weekdays between seven am. to nine a.m. and four p.m. to six p.m.;
4. 
The event will not require the diversion of more than 10% of police personnel from their normal duties, thereby preventing reasonable police protection to the remainder of the city;
5. 
The concentration of persons, animals or vehicles will not unduly interfere with the movement of police, fire, ambulance and other emergency vehicles on the streets;
6. 
The event will move from its assembly location to its disbanding location expeditiously and without stopping en route;
7. 
The event will not interfere with, overlap, proceed along the same route, or be located within 1,000 yards of any other special event for which a permit has already been granted, or interfere with or burden the provision of city services in support of other scheduled events or unscheduled governmental functions such as visits of dignitaries;
8. 
The event will not have unmitigable adverse impact upon residential or business access and traffic circulation in the same general area;
9. 
The applicant and/or event organizer has entered into an agreement with the city in a form approved by the city attorney which sets forth the undertaking of the applicant and/or event organizer to indemnify, defend and hold harmless the city and its officers, employees and agents and, as required, any other public entity involved in the event, and reimburse the city for any attorney's fees, litigation costs, liability, damage or loss occurring as a result of the event authorized by the permit where such attorney's fees, litigation costs, liability, damage or loss is proximately caused by the negligent or intentional act or omission of the applicant and/or event organizer, and/or their officers, employees, concessionaires, vendors, contractors, licensees, agents or other persons under their legal control. In addition, the agreement shall provide that in the event a claim is made against the city or its agencies, by suit or otherwise, whether groundless or not, arising out of the negligent or intentional act or omission of the above-described persons, the applicant and/or event organizer shall defend and indemnify the city and its agencies against and from any and all judgments, awards or settlements;
10. 
The applicant and/or event organizer provides a plan for sufficient monitors for crowd control and safety, where required;
11. 
The applicant and/or event organizer provides a plan for sufficient safety, health or sanitation equipment, services, or facilities that are reasonably necessary to ensure that the event will be conducted with due regard for health, safety and welfare, where required;
12. 
The applicant and/or event organizer provides a plan for adequate first aid or emergency medical services based on event risk factors, where required;
13. 
The applicant and/or event organizer provides a plan for sufficient off-site parking or shuttle service, or both, to minimize substantial adverse impacts on general parking and traffic circulation in the vicinity of the event, where required;
14. 
The applicant and/or event organizer meets all of the requirements pursuant to this chapter for submitting an application for a special event permit;
15. 
The applicant and/or event organizer deposits all required cost recovery fees;
16. 
The applicant and/or event organizer obtains the approval of all other public agencies within whose jurisdiction the special event or portion thereof will occur;
17. 
The applicant and/or event organizer obtains the required insurance and provides an additional insured endorsement, unless waived pursuant to Section 11.38.220;
18. 
The event will not create the imminent possibility of violent disorderly conduct that is likely to endanger public safety or result in significant property damage;
19. 
The event will not violate public health or safety laws;
20. 
The event conforms to the requirements of all other provisions of the Moreno Valley Municipal Code, duly established city council policy, and all other county, state and federal laws and regulations;
21. 
The event will not require the exclusive use of park areas during any period from Memorial Day through Labor Day in a manner that will adversely impact upon the reasonable use or access to those areas by the general public.
B. 
The director of the department charged with processing the application pursuant to Section 11.38.030 shall deny a special event permit to any applicant who has previously failed to comply with any term of this chapter, or with any condition of a special event permit previously issued to the applicant, that resulted in either a monetary loss to the city, a violation of law, damage to physical property, bodily injury, or other injury to public health, safety or welfare.
C. 
To make the determination under this section, the director of the department charged with processing the application pursuant to Section 11.38.030 shall consider pedestrian and traffic circulation; traffic volume; population density; the impact on city services; the effect the event will have on emergency services; the impact the event will have on other scheduled events in the same general area; the proposed duration of the event; the proposed location of the event; the proposed time of the event; the proposed day of the event; the impact the event will have on affected residents and businesses; and the risk the event could pose to public health, safety and welfare. The director of the department charged with processing the application pursuant to Section 11.38.030 may place these or related specific conditions on the special event permit.
(Ord. 554 § 1.2, 1999)
A. 
If an application for a special event permit is denied pursuant to this chapter, the director of the department charged with processing the application pursuant to Section 11.38.030 shall notify the applicant in writing setting forth the reasons for the denial, by first-class mail within five working days of the decision. In the case of denial of an application for a special event permit for a demonstration, the director of the department charged with processing the application pursuant to Section 11.38.030 shall notify the applicant by telephone of the reasons for the denial within 24 hours after the completed application is submitted, excluding holidays and weekends, followed by notification in writing to be mailed by first-class mail on the same day as the telephonic notice. If no telephone number is provided on the application, then mailing of the written notice as provided for herein shall be sufficient.
B. 
The applicant may petition the city manager for administrative review of the denial of an application for a special event permit.
C. 
Except as provided in subsection D of this section, a petition for administrative review shall be made in writing within five calendar days of the date of the written notice of denial of the application by the director of the department charged with processing the application pursuant to Section 11.38.030. Such written petition, signed under penalty of perjury, shall be filed in the city manager's department setting forth the name, address, and telephone number of the applicant, a detailed description of the specific action to be reviewed, the specific grounds for the review, and the relief or action sought from the city manager. The city manager shall render a decision on the petition for administrative review of a denial of an application for a special event permit within five working days of the date the petition is filed. The city manager shall notify the applicant of the decision on the petition in writing within five working days of the city manager's decision by first-class mail addressed to the applicant at the address provided in the written petition. The city manager shall not be required to consider any petition for administrative review that is not filed in conformance with this chapter.
D. 
The provisions of subsection C of this section shall apply to petitions for administrative review of a denial of an application for a special event permit for a demonstration, except as follows:
1. 
The city manager shall render a decision on the petition for administrative review of the denial of an application for a special event permit for a demonstration within 24 hours of the time the petition is filed, excluding holidays and weekends; and
2. 
The city manager shall notify the applicant of the decision on the petition for administrative review by telephone within 24 hours of the city manager's decision, excluding holidays and weekends, followed by written notice mailed on the same day as the telephonic notice by first-class mail addressed to the applicant at the address provided in the written petition. If no telephone number is provided in the written petition, then mailing of the written notice as provided for herein shall be sufficient.
E. 
The decision of the city manager on the petition for administrative review may be appealed to the city council.
F. 
Except as provided in subsection J of this section, an appeal to the city council shall be filed with the city clerk within 15 calendar days of the date of written notice of the city manager's decision on the petition for administrative review and by paying the required fee for appeal. The appeal shall be made by filing a written petition with the city clerk setting forth the name, address, and telephone number of the applicant; a detailed description of the specific action to be reviewed; the specific grounds for the review; and the relief or action sought from the city council. The appeal shall not be deemed filed until the written petition has been completed as required herein and the required fee for appeal has been paid. The city council shall not be required to hear any appeal that is not filed in conformance with this chapter.
G. 
The city clerk shall set the hearing for a regularly scheduled or special city council meeting, or before an appeals board or hearing officer, no later than 30 days after the filing of the notice of appeal. With the written consent of the applicant, however, the city clerk may set the hearing at a regularly scheduled or special city council meeting, or before an appeals board or hearing officer, more than 30 days after the filing of the notice of appeal. Notice of the date, time, and place of such hearing of the appeal shall be given in writing at least 10 days prior to the date of the hearing by certified mail, return receipt requested, at the address given in the written petition.
H. 
The city council may preside over the hearing of the appeal or, alternatively, may either refer the matter to an appeals board created by the city council by resolution, or refer the matter to a hearing officer appointed by the city manager. The city council shall render its decision within 15 days from the date of the hearing, or, in the event that the hearing is referred to and heard by either an appeals board or hearing officer, within 15 days from the date the city council receives the findings and recommendations of the appeals board or hearing officer. The decision of the city council shall be final. The applicant or licensee shall be given notice of the city council's decision in writing within five working days after the city council's decision by first-class mail addressed to the applicant at the address provided in the written petition.
I. 
The following rules shall apply to the hearing:
1. 
Oral evidence shall be taken only under oath or affirmation. The appeals board or hearing officer shall have authority to administer oaths, and to receive and rule on the admissibility of evidence;
2. 
Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The city council, appeals board or hearing officer may call and examine any witness;
3. 
Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in a civil action in a court of law. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in and of itself to support a finding unless such testimony would be admissible over objection in a civil action in a court of law. The rules of privilege shall be applicable to the extent they are now, or are hereafter, permitted in a civil action in a court of law. Irrelevant collateral, undue and repetitious testimony shall be excluded.
J. 
The provisions of subsections F through I of this section, inclusively, shall apply to appeals to the city council from a city manager's decision on a petition for administrative review of a denial of an application for a special event permit for a demonstration, except as follows:
1. 
The fee for the appeal shall be waived upon the submission of a declaration signed by the applicant, under penalty of perjury, that:
a. 
The demonstration special event primarily involves an exercise of rights under the First Amendment of the United States Constitution, or Article 1, Section 2 of the California Constitution; and
b. 
The amount of the fee for the appeal is so financially burdensome that it would constitute an unreasonable burden on the exercise of First Amendment rights; and
c. 
The applicant does not have the financial resources to pay the fee for the appeal, supported by financial documentation and records demonstrating such inability to pay, which are to be filed with the declaration.
2. 
The city council, appeals board or hearing officer shall hear the appeal within 72 hours after the appeal is filed, excluding holidays and weekends.
3. 
The city council shall render its decision within 24 hours of the hearing, excluding holidays and weekends.
4. 
All notices shall be given by telephone, followed by written notice mailed on the same day as the telephonic notice by first-class mail addressed to the applicant at the address provided in the written petition. If no telephone number is listed in the written petition, then mailing of the written notice as provided for herein shall be sufficient.
K. 
The decision of the city council to grant or deny the appeal shall constitute the exhaustion of the applicant's administrative remedies.
(Ord. 554 § 1.2, 1999)
All applications for a special event permit shall be prioritized according to the date that the application is filed in the city department charged with processing the application pursuant to Section 11.38.030. Where two or more applications for a special event permit are in conflict for whatever reason, priority shall be given first to city sponsored or co-sponsored events; then to local tax-exempt nonprofit organizations operating in, and providing services to, the citizens of the city. All other conflicts shall be resolved in favor of the application filed first in time.
(Ord. 554 § 1.2, 1999)
A copy of the special event permit shall be displayed in the special event venue in the method prescribed by the director of the department charged with processing the application pursuant to Section 11.38.030 applicable to the particular event and shall be exhibited upon demand of any city official.
(Ord. 554 § 1.2, 1999)
A. 
The issuance of a special event permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to any other city, county, state or federal law or regulation.
B. 
The issuance of any other permit or license pursuant to any other city, county, state or federal law or regulation, does not relieve any person from the obligation to obtain a special event permit pursuant to this chapter.
C. 
The applicant and/or event organizer of a commercial special event shall obtain a city business license pursuant to Chapter 5.02 of the Moreno Valley Municipal Code, as amended from time to time, or its successor provisions.
D. 
All concessionaires and vendors authorized to sell or provide goods or services at or near the site of the special event shall obtain a city business license pursuant to Chapter 5.02 of the Moreno Valley Municipal Code, as amended from time to time, or its successor provisions.
(Ord. 554 § 1.2, 1999)
A. 
A special event permit shall contain one or more of the following conditions:
1. 
The location of the special event venue, which may be identified by a map attached to the special event permit;
2. 
The date, assembly area, time for assembly and starting time of the special event;
3. 
The on-site presence of the event organizer or the designated representative for all event coordination and management purposes;
4. 
The specific route of the special event;
5. 
The minimum and maximum speeds to be observed during the special event;
6. 
The number and types of persons, animals and vehicles, the number of bands, other musical units and equipment capable of producing sound, if any, and limitations thereon pertaining to noise abatement;
7. 
The maximum interval of space to be maintained between booths or other structures to be used for the special event;
8. 
The portion of the street and sidewalk that is to be occupied by the event and the location of reviewing or audience stands, if any;
9. 
The number and location of traffic controllers, monitors other support personnel and equipment and barricades to be furnished by the special event organizer;
10. 
The area and time for disbanding;
11. 
Conditions or restrictions on the use of alcoholic beverages and authorization for and conditions of the exclusive control or regulation of vendors and related sales activity by the event organizer during the special event;
12. 
Provisions for any required emergency medical services; and
13. 
Such other conditions as are reasonably necessary for the conduct of the special event and the enforcement of this chapter.
B. 
As a condition of the issuance of a special event permit, the applicant shall be required to make adequate provisions for cleaning up the area or route of the event both during and upon completion of the event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the event.
(Ord. 554 § 1.2, 1999)
A. 
Any special event permit issued pursuant to this chapter is subject to revocation by the director of the department charged with processing the application pursuant to Section 11.38.030, the city manager, the city council, the police chief, the fire chief, the city attorney, or their designees, pursuant to this section.
B. 
A special event permit shall be revoked if it is determined that:
1. 
The event cannot be conducted without violating the standards or conditions for the special event permit issuance; or
2. 
The event is being conducted in violation of any condition of the special event permit; or
3. 
The event poses an imminent threat to public health, safety or welfare; or
4. 
The event organizer or any person associated with the event has failed to obtain any other required permit or license; or
5. 
The special event permit was issued in error or contrary to law; or
6. 
The applicant or event organizer fails to obtain and maintain in full force and effect during the term of the special event permit the insurance required by this chapter, unless waived pursuant to the provisions of Section 11.38.220; or
7. 
Any term, condition, restriction or limitation placed on the special event has been violated, or is being violated.
C. 
Notices of revocation shall be in writing and specifically set forth the reasons for the revocation.
D. 
If there is an emergency requiring immediate revocation of a special event permit, the permit holder may be orally notified of the revocation, followed by written notification sent by first-class mail within five working days of the oral revocation.
E. 
An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of special event permits pursuant to this chapter.
(Ord. 554 § 1.2, 1999)
A. 
Subject to city manager approval, the director of the department charged with processing the application pursuant to Section 11.38.030 may issue a special event permit for any event whose title or theme will use the city seal or the words "The city of Moreno Valley," "city of Moreno Valley," or any similar combination or facsimile that would reasonably imply an official endorsement of the event by the city; provided that, the city is a co-sponsor of the event.
B. 
Subject to city manager approval, prior authorization is required from the director of the department charged with processing the application pursuant to Section 11.38.030 for an event organizer to use the words "The city of Moreno Valley," or "city of Moreno Valley," or to use the city seal, or any similar combination or facsimile in the title of a special event that would reasonably imply an official endorsement of the event by the city.
(Ord. 554 § 1.2, 1999)
A. 
The applicant and/or event organizer of a special event must possess or obtain comprehensive general liability insurance from an insurance company licensed to do business in the state of California and having the minimum financial rating acceptable to the city to protect the city against loss from liability imposed by law for damages on account of bodily injury and/or property damage arising from the event. Such insurance shall name the city of Moreno Valley, the community redevelopment agency of the city of Moreno Valley, the Moreno Valley community services district, and their officers, employees and agents and, as required, any other public entity involved in the event, as additional insured. Such insurance shall be primary and noncontributing with respect to any other insurance available to the city. Such insurance shall be in a form approved by the city's risk manager. insurance coverage must be maintained for the duration of the event. Notice of cancellation shall be provided immediately to the city.
B. 
Except as otherwise provided in this chapter, comprehensive general liability insurance coverage required by this section shall be in a combined single limit of at least one million dollars ($1,000,000).
C. 
If the special event is of a demonstrated high or low risk category, according to recognized insurance and risk management standards, the director of the department charged with processing the application pursuant to Section 11.38.030 may authorize a greater or lesser amount of coverage than required by this section or may require a particular type of insurance coverage different from that specified above, as recommended by the city's risk manager and subject to approval by the city manager.
D. 
The insurance required by this chapter shall encompass all liability insurance requirements imposed for other licenses or permits required under any other provision of the Moreno Valley Municipal Code and is to be provided for the benefit of the city and not as a duty, expressed or implied, to provide insurance protection for spectators or participants.
E. 
Except for applications for a special event permit for a demonstration, the applicant's and/or event organizer's current effective insurance policy, or copy, along with necessary endorsements, shall be filed with the department charged with processing the application pursuant to Section 11.38.030 at least 30 calendar days before the scheduled event. As to applications for a special event permit for a demonstration, the applicant's and/or event organizer's current effective insurance policy, or copy, along with necessary endorsements, shall be filed with the department charged with processing the application pursuant to Section 11.38.030 at least 24 hours before the scheduled event.
(Ord. 554 § 1.2, 1999)
A. 
Except for special events where the sale of alcoholic beverages is authorized, or for traffic control permits issued in conjunction with a special event, the insurance requirements of this chapter shall be waived by the director of the department charged with processing the application pursuant to Section 11.38.030, subject to approval by the city manager, if the applicant and event organizer submit declarations under penalty of perjury establishing all of the following factors:
1. 
The special event is expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution; and
2. 
The applicant or an officer of the event organizer has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression, or it is objectively impossible to obtain insurance coverage; and
3. 
The event will not involve the use of equipment (other than sound equipment), vehicles, animals, fireworks or pyrotechnics; and
4. 
A fee or donation will not be charged or required as a condition of admission or participation in the event.
B. 
The declaration required by this Section shall include the name, address, and telephone number of at least one insurance broker or other source for insurance coverage contacted to determine premium rates for coverage.
C. 
To claim that it is objectively impossible to obtain insurance coverage pursuant to this section, the declaration shall include the name, address and telephone number of at least one independent licensed insurance broker who has advised the declarant that insurance for the special event is unavailable in the market place.
D. 
Even though insurance is waived, the applicant and event organizer of a special event are required to enter into an agreement to defend, indemnify and hold harmless the city of Moreno Valley, the community redevelopment agency of the city of Moreno Valley, the Moreno Valley community services district, and their officers, employees and agents and, as required, any other public entity involved in the event, from any claim or liability arising out of or from the event as required by Section 11.38.120.
(Ord. 554 § 1.2, 1999)
A. 
Except as otherwise provided in this chapter, or when funded or waived by city council resolution or ordinance, the applicant and/or event organizer of any special event shall be charged for the actual cost of:
1. 
The salaries of city personnel involved in permit processing, event traffic control, fire safety, cleanup or other facility or event support; and
2. 
The use of city equipment and other nonpersonnel expense for the event;
3. 
Any and all other costs, charges, expenditures or expenses incurred or for which the city becomes obligated to pay as a result of the event;
B. 
The applicant and/or event organizer shall be required to pay all fees required pursuant to this section, or a seasonable estimate thereof, at the time the completed application is approved.
C. 
If the applicant and/or event organizer fails to comply with this chapter, the applicant and/or event organizer shall be billed for and liable to the city for all actual costs for cleanup and repair of the area or route occasioned by the event, as well as all legal costs, including attorney's fees, incurred in recovering such costs.
D. 
If the applicant and/or event organizer has failed to comply with this chapter under a previously issued special event permit, the applicant and/or event organizer shall be required to deposit adequate surety in the form of cash or bond prior to the issuance of a special event permit.
(Ord. 554 § 1.2, 1999)
A tax-exempt nonprofit organization sponsoring an event may acknowledge the receipt of cash or in-kind services or goods, donations, prizes, or other consideration from for-profit organizations without causing the event to be considered a commercial special event. Such acknowledgment may include use of the name, trademark, service mark or logo of such a for-profit organization in the name or title of the event or the prominent appearance of the same in advertising or on collateral material associated with the event.
(Ord. 554 § 1.2, 1999)
A. 
An applicant and/or event organizer of a commercial special event shall enter into an agreement to pay the city a negotiated percentage of gross revenues, a flat fee, or any other revenue sharing agreement deemed to be in the best interests of the city by the director of the department charged with processing the application pursuant to Section 11.38.030, subject to approval by the city manager.
B. 
Cost recovery under this chapter may be merged into a revenue sharing agreement with the city that is at least equal to the estimated costs of city services, equipment and personnel required in processing the permit application and supporting the special event.
C. 
An event organizer of a commercial special event shall not be required to enter into a revenue sharing agreement where the director of the department charged with processing the application pursuant to Section 11.38.030, subject to approval by the city manager, determines that it is in the best interests of the city not to require a revenue sharing agreement.
(Ord. 554 § 1.2, 1999)
A. 
An applicant and/or event organizer of a commercial special event shall make payment and provide a final financial statement audited by a certified public accountant to the city finance director/treasurer no later than 30 calendar days after the event for the fees and revenues to be paid to the city.
B. 
Upon either the request of the director of the department charged with processing the application pursuant to Section 11.38.030, the city manager, or the city finance director/treasurer, the applicant and/or event organizer of a noncommercial special event shall provide a final financial statement audited by a certified public accountant no later than 30 calendar days after the request.
C. 
Subject to approval by the city manager, and with the advice and assistance of the city finance director/treasurer, the director of the department charged with processing the application pursuant to Section 11.38.030 is authorized to make determinations as to the commercial status of an event and to promulgate additional standards and procedures for cost accounting to implement this section.
D. 
At any time during normal business hours, and as often as the city manager deems necessary, all data and records pertaining to the event shall be made available to the city for examination at reasonable locations within the city or county of Riverside. The city will be allowed to audit, examine and make excerpts or transcripts from the records. The records shall be retained for a period of not less than three years following the event unless the city agrees to an earlier disposition in writing.
(Ord. 554 § 1.2, 1999)
It is unlawful for any person to sell for profit, or offer to sell for profit, any ticket of admission to a special event within a special event venue within the city, except:
A. 
From any ticket office, booth or other similar place established and maintained for the purpose of selling tickets; and
B. 
With the expressed authorization to do so indicated on the special event permit.
(Ord. 554 § 1.2, 1999)
A. 
The issuance of a special event permit confers upon the permit holder or event organizer the right to control and regulate the sale of goods, food and beverages within the special event venue in accordance with the terms and conditions of the special event permit.
B. 
Vendors or concessionaires authorized to sell goods, food or beverages in the special event venue shall display their authorization and city business license in the manner required by the special event permit.
C. 
It is unlawful for any person to sell, or offer to sell, any goods, food or beverages in a special event venue unless they meet all of the following requirements:
1. 
The person is an authorized vendor or concessionaire by the permit holder or event organizer;
2. 
The person displays the authorization from the permit holder or event organizer in the manner required by the special event permit;
3. 
The person displays the city business license in the manner required by the special event permit.
(Ord. 554 § 1.2, 1999)
Whenever a commercial or noncommercial special event is conducted without a special event permit when it is required, or an event is conducted in violation of the terms of an issued special event permit, the applicant and/or event organizer shall be responsible for all city costs incurred for personnel and equipment for a public safety response caused or necessitated by the adverse impacts of the event, or the violation of the special event permit, upon public safety. In addition, the applicant and/or event organizer shall be responsible for and liable to the city for all costs actually incurred for personnel, services and equipment arising out of or from the special event for whatever reason, including clean-up. In addition, the applicant and/or event organizer shall be responsible for and liable to the city for all legal costs, including attorney's fees, actually incurred in the enforcement of this chapter.
(Ord. 554 § 1.2, 1999)
The director of the department charged with processing the application pursuant to Section 11.38.030, the city manager, the police chief, the fire chief, the city attorney, or their designees, and the city code compliance officers and business license officers, are authorized to administer and enforce the provisions of this chapter.
(Ord. 554 § 1.2, 1999)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a final determination of a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this chapter. The city council declares it would have enacted this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases might be declared invalid or unconstitutional.
(Ord. 554 § 1.2, 1999)