means the director of economic development and community
relations.
means the temporary use of city owned public property, including,
but not limited to, streets, sidewalks, parks, and lakes for the purpose
of conducting a parade or any other event which significantly impacts
or substantially restricts the public's normal, typical or customary
use, level of use, or ability to use such property and involves the
presence of more than 75 persons at any one time during the event.
(Ord. No. 2015-05, § 1, 8-5-15)
(a)
No
person shall direct, conduct, manage or carry on a special event without
having obtained a permit from the city pursuant to this article.
(b)
The
following activities are exempt from the special event permit requirement:
(1)
Spontaneous events conducted on the paved pedestrian areas adjacent
to City Hall to include the rotunda and the public sidewalks between
the City Hall and the northwest corner of North Broadway and West
Valley Parkway. A "spontaneous event" means an event which is occasioned
by news or affairs coming into public knowledge less than 48 hours
prior to such event.
(2)
Events that are authorized by means of a contract with the City of
Escondido.
(Ord. No. 2015-05, § 1, 8-5-15)
No person shall knowingly join or participate in any special
event in violation of any of the terms, conditions or regulations
of the permit issued. No person shall knowingly interfere with the
orderly conduct of any special event.
(Ord. No. 2015-05, § 1, 8-5-15)
The director shall chair a special events committee composed
of pertinent department heads, or their designated representatives,
and any additional members as needed. The special events committee
should meet whenever departmental coordination is required to process
a special event permit application.
(Ord. No. 2015-05, § 1, 8-5-15)
(a)
An
application for a permit for a special event should be filed with
the city not less than 60 nor more than 365 days before the date proposed
for holding a special event. Such application shall be signed by the
applicant or the applicant's authorized agent and shall be accompanied
by a nonrefundable processing fee in an amount established by the
city council.
(b)
The
director may accept for filing an application submitted less than
60 days before the proposed special event for events requiring nominal
city staff time, coordination or support and may waive the processing
fee.
(c)
The
procedures or requirements of this section shall not affect or supersede
the provisions of law or the requirements for the issuance of fireworks,
structural, electrical or any other permit issued by city departments
prescribed elsewhere in this code, when such permits are otherwise
required because of a particular condition or requirement of the special
event. The procedures and standards of this section shall be used
to the extent practicable or necessary to supplement procedures for
the issuance of other permits.
(Ord. No. 2015-05, § 1, 8-5-15)
(a)
Application
for a permit to hold a special event shall be made on forms provided
by the city. The application shall include a detailed description
of the proposed special event, including, but not limited to, the
following:
(1)
The name and address of the applicant, and if the same be a corporation,
the names of its principal officers, or if the same be a partnership,
association, organization or fictitious company, the names of the
partners or persons comprising the association, organization or company
with the address and telephone number of each;
(2)
If such event is designed to be held by, on behalf of, or for any
organization or individual other than the applicant, the applicant
for such permit shall file a written communication from such organization
or individual authorizing the applicant to apply for such permit on
its behalf and certifying that it will be responsible for any costs
or fees that may be imposed for such event;
(3)
The peak number of persons anticipated to be participating, at any
point, in the event;
(4)
Purpose of the event;
(5)
The date, hours and precise location where the event is to be held;
(6)
The approximate times when assembly for and disbanding of the special
event is to take place;
(7)
The amount of any spectator, participant, entry or other fee, if
any, to be charged in connection with the event;
(8)
Type and nature of any vehicles, equipment or other apparatus to
be used in connection with the event, including the number of and
location for portable sanitation facilities, when appropriate;
(9)
The number, location and amplifying range of any sound-amplifying
systems to be used in connection with the event;
(10)
Type of goods, wares, merchandise, food or beverages to be sold or
otherwise provided to persons at the event;
(11)
The name and business address of any vendors who will be participating
in the event and proof of any required state or county permits. Special
event vendors may operate under the business license of the special
event applicant;
(12)
A copy of the tax exemption letter for any applicant claiming a tax-exempt,
nonprofit status;
(13)
Provisions for first aid, where appropriate;
(14)
Location of the assembly area and, if appropriate, the proposed site
or route;
(15)
A site plan for the special event, to include number and location
of available parking;
(16)
Any unique requirements that may be imposed or created by virtue
of the proposed event.
(b)
The
application shall be signed by the applicant under penalty of perjury
and shall contain an agreement as provided in this article.
(Ord. No. 2015-05, § 1, 8-5-15)
(a)
The
director shall promptly process all applications for a special event.
An untimely or incomplete application shall be returned to the applicant.
(b)
An
application for a special event permit shall be approved, conditionally
approved or denied within 30 days after submission of a complete application.
The director shall provide the applicant a written explanation for
any decision to conditionally approve or deny an application.
(c)
Priority
shall be given in permit issuance to city sponsored events and local
nonprofit tax-exempt organizations operating in and providing services
to the citizens of the city.
(d)
Issuance
of a special event permit does not obligate or require the city to
provide city services, equipment or personnel in support of an event.
(e)
No
date shall be considered confirmed until a special event permit is
issued.
(f)
No
consideration may be given to the message of the event, the content
of speech, the identity or associational relationships of the applicant,
or to any assumptions or predictions as to the amount of hostility
which may be aroused in the public by the content of speech or message
conveyed by the special event. The director shall consult with the
city attorney whenever a permit involving "expressive activity" is
conditionally approved or denied. "Expressive activity" means conduct,
the sole or principal object of which is the expression, dissemination
or communication by verbal, visual, literary or auditory means, of
opinion, views or ideas. Expressive activity includes but is not limited
to public oratory, any protest and the distribution of literature.
(Ord. No. 2015-05, § 1, 8-5-15)
(a)
Prior
to the issuance of a permit, the city shall require the following:
(1)
The execution of an agreement to compensate the city for any loss
or damage to public property that can be directly attributed to the
holding of the special event or the deposit of a surety bond or cash
in an amount sufficient to guarantee the cleaning and restoration
of the event site to the condition in which it was found prior to
the conduct of the event; and
(2)
Proof of public liability and property damage insurance in full force
and effect during the special event, including products liability
coverage, written by an insurance company acceptable to the city in
the minimum limits, as set by resolution of the city council, and
in a form acceptable to the city attorney, naming the city as additional
insured. Each applicant shall execute a hold harmless agreement in
a form approved by the city attorney agreeing to defend, indemnify,
and hold harmless the city against losses and liabilities incurred
solely from the conduct of or operation of the special event by the
applicant or its officers, employees, volunteers, and agents.
(b)
If
the director, in consultation with the city attorney, determines that
a particular special event does not present significant public liability
or property damage exposure for the city or its officers, agents,
employees, or volunteers, the city may waive the insurance requirements.
The director may consider the prior history of injury to persons or
property of the group requesting the permit; the prior history of
similar groups engaged in similar activities; the scope of the risk;
whether the risk can be lessened by adjusting the time, date, place
or planned manner of expression; and finally, whether the applicant
is willing to make such adjustments.
(Ord. No. 2015-05, § 1, 8-5-15)
(a)
As
a condition to issuing a permit, the director may impose reasonable
terms and regulations concerning the time and place of such event;
the area and manner of conducting such event; the maximum number of
persons participating therein; the regulation of traffic, if required,
including the number and type of signs and barricades to be provided
by the applicant, if any, together with a plan of their disposition
following the event; reasonable decibel levels; and such other requirements
as he or she may find reasonable and necessary for the protection
of persons and property or as is necessary to coordinate multiple
uses of public property, to assure preservation and fair allocation
of public spaces, to protect the health and safety of the community
and to control vehicular and pedestrian traffic in and around the
venue.
(b)
The
director may require the applicant to compensate the city for any
costs associated with the event, including, but not limited to, utility
charges and any necessary or appropriate fire, police, paramedic,
or parking enforcement, or other services directly connected to or
made necessary by the event. The applicant, as a condition to issuing
the permit, may be required to bear some or all of such costs and
to deposit a surety bond or cash in an amount sufficient to pay the
cost of providing these services. Such bond or cash must be deposited
with the city no later than 30 days prior to the event. No applicant
shall be required to provide or pay for the law enforcement costs
to protect its attendees from hostile members of the public or counter-demonstrations.
(c)
Issuance
of any special event permit shall be conditioned on and subject to
the right of the city to summarily cancel, restrict or modify such
permit in order to facilitate or accommodate any other duly approved
or permitted special event, celebration or activity. The director
shall mail to the applicant a notice of such cancellation, restriction
or modification no later than 30 days prior to the special event and
shall take reasonable and appropriate actions to reduce, minimize,
or eliminate any inconvenience, hardship or burden that may result
from the city's action.
(Ord. No. 2015-05, § 1, 8-5-15)
The city manager or designee may immediately terminate or restrict
the conduct of any special event if he or she determines that the
public health or safety is in imminent danger because of real or threatened
disaster, public calamity, riot or other emergency.
(Ord. No. 2015-05, § 1, 8-5-15)
(a)
A
special event permit may be denied or revoked on any of the following
grounds:
(1)
The application is not complete or timely;
(2)
The applicant has knowingly made any false, misleading or fraudulent
statement of material fact in the application for a permit;
(3)
The building, structure, equipment or location of such special event
does not comply with or fails to meet the applicable health, zoning,
fire or safety requirements imposed by law;
(4)
The proposed area has been or will be unreasonably impacted by another
event within 60 days of the scheduled special event;
(5)
The proposed special event unreasonably restricts public use or access
to public spaces;
(6)
The applicant fails to comply with any conditions of approval, including
the provision of sufficient personnel staffing to support the special
event such as traffic management, crowd control, security, public
health, sanitation, or other services;
(7)
The applicant has damaged city property or has unpaid debts related
to a prior special event.
(Ord. No. 2015-05, § 1, 8-5-15)
All applicants shall have the special event permit in their
immediate possession and shall display such permit upon demand from
any city representative or shall publicly display the permit during
the special event.
(Ord. No. 2015-05, § 1, 8-5-15)
It is unlawful for the applicant conducting a special event
to use the words "the City of Escondido" or "City of Escondido" to
suggest or indicate that the event is sponsored by the city or to
use facsimile of the seal or logo of the City of Escondido in the
promotional material or advertising for the event without the city's
written authorization.
(Ord. No. 2015-05, § 1, 8-5-15)
(a)
A
permit for any event hereunder may be summarily suspended or revoked
by the director at any time when he or she has reason to believe that:
(1)
Any grounds exist for which the original permit application could
have been denied; or
(2)
The health, safety or welfare of persons or property would be endangered
because of real or threatened disaster, public calamity, riot or other
emergency; or
(3)
The event is deviating or will significantly or materially deviate
from the terms of the proposed event as described in the application
or in supplemental information provided to the city; or
(4)
The applicant cannot or will not satisfy any condition of the permit.
(Ord. No. 2015-05, § 1, 8-5-15)
