It is the purpose of this chapter to set forth a process for the regulation and permitting of events on public streets and parks. It is intended that such events shall proceed in accordance with the provisions of this chapter and any implementing regulations adopted by the City Manager, as authorized by Section 12.48.050. The City Council recognizes the substantial community benefits provided by well regulated and safe events on public streets and parks, and that these types of public gatherings provide opportunities for cultural enrichment, promote economic stimulus to local businesses and enhance community identity. At the same time, these types of public gatherings also require a commitment of significant city resources, including: public safety staff to regulate police and fire safety concerns; engineering and police staff to regulate vehicular and pedestrian traffic controls; parks and public works crews to regulate maintenance impacts; and administrative staff to monitor city costs and fee revenues, and document permit requirements for reasonable time, place and manner regulations to protect the public health, safety and welfare. The purpose of this chapter is to provide a coordinated and efficient process for managing these types of events to protect the health and safety of event patrons and visitors, residents, workers and other visitors, to protect the rights of free speech and assembly guaranteed under the United States Constitution and the California Constitution, to protect the rights of permit holders to use and enjoy city parks within the parameters of their permit terms, and to authorize the adoption of fees to offset the city's cost of providing the services necessary to regulate and administer the events.
(O2009 2)
As used in this chapter:
means the Community Resources Director, or a designee of
the Community Resources Director or the City Manager.
means any person who conducts, manages, promotes, organizes,
aids or solicits attendance at an event. An event organizer should
act as the applicant for issuance of an event permit, though the city
will also accept applications from other individuals authorized to
act on behalf of an organization or group applying for any event permit.
means any activity that is subject to a permit in accordance with this chapter or in accordance with Chapter 12.36, including any large park event, special event (including any parade), minor park event, or activity at a recreation facility or reserved park area.
means conduct, the sole or principal object of which is the
expression, dissemination, or communication of opinion, views or ideas
by verbal, visual, literary or auditory means.
means any gathering of more than 50 but fewer than 250 people
at any park including, but not limited to, private parties, receptions,
or ceremonies.
means any gathering of 50 or fewer people at any park including,
but not limited to, private parties, receptions, or ceremonies.
means any march, motorcade, or vehicular or pedestrian procession
of any kind which is to assemble or travel in unison on, upon or along
any portion of any public street and which: (1) does not comply with
any applicable law regarding pedestrian conduct (including, but not
limited to, California Vehicle Code Division 12, Chapter 5) or vehicle
operation; or (2) includes more than 50 people and is likely to impede,
obstruct, impair or interfere with the free use of such public street,
sidewalk, alley or other public right-of-way.
means any property or recreational facility that is designated
as a city park by city ordinance or resolution. For purposes of this
chapter, the term "park" shall include, but not be limited to, any
public square, recreation facility, reserved park area, playground,
tot lot, public trail, or trail system.
means any property that is designated as a public square
by city ordinance, resolution, or administrative regulation, for use
by the public pursuant to requirements of this chapter.
means and includes all streets, highways, avenues, lanes,
sidewalks, alleys and other public ways in the city open to public
use for purposes of vehicular or pedestrian travel.
means a public facility used for the purpose of hosting recreation
events, programs or services and designated as such by city ordinance,
resolution, or administrative regulation, or any public facility or
property used for recreational purposes under the authority of a shared
use agreement with another public agency.
means property used by the city for the conduct of city business
that is not open for use by the general public, such as city offices,
parking areas for city offices, and city meeting spaces including
the City Council Chambers.
mean park property posted as reserved for a particular use
pursuant to a permit, lease, or other limitation on use, including
recreation facilities, community rooms, ball fields, or other park
areas that have been reserved pursuant to a permit issued under this
chapter.
means any parade, or any ceremony, demonstration, assembly,
show, festival, fair, carnival, circus, market, concert, athletic
event, review, exhibition, pageant, or any other gathering of 250
or more persons at the same time and for the same collective purpose
within any park (or property adjacent thereto), public street, public
square or recreation facility, or any event, regardless of the number
of participants, requiring closure of a public right-of-way or involving
activity that interferes with the use of the public right-of-way.
(O2009 2)
A.
It is unlawful for any person to conduct or cause to be conducted, serve as event organizer, or knowingly participate or engage in a special event (including any parade), or large park event unless either: (1) the city has issued a written permit for such parade, special event, or large park event pursuant to this chapter; or (2) the event is subject to an exception set forth in Section 12.48.040.
B.
It
is unlawful for any person to make a material misrepresentation or
omission on an application for a permit under this chapter.
C.
It
is unlawful for any person to use or enter any recreational facility,
or reserved park area unless that person is acting in accordance with
a permit issued by the city in accordance with this chapter.
D.
It
is unlawful for any person to use or enter any reserved city property,
unless that person is acting in accordance with regulations imposed
by the City Council or the City Manager regarding the conduct of city
business on city property.
E.
It
is unlawful to enter any park designated as closed to the public.
F.
It
is unlawful for any person to violate the terms of a permit issued
pursuant to this chapter.
(O2009 2)
Notwithstanding contrary requirements of this chapter, the following
activities and assemblies are exempt from the permit requirements
of this chapter:
A.
Spontaneous events (occasioned by and in response to news or affairs coming into public knowledge less than 72 hours prior to such event) involving expressive activity conducted on property designated by the city as a public square do not require a permit. However, the city retains its authority to enforce any violations of law that occur at or near any such event, including (but not limited to) any laws regarding: pedestrian conduct or vehicle operation, amplified sound regulations (as set forth in Section 12.40.030), and regulation of park use (as set forth in Chapter 12.36). Event organizers of any such spontaneous events are encouraged to notify the Director, as soon as practicable prior to the event, with as much information as is available (pursuant to Section 12.48.060) so that the city may assemble necessary resources to minimize adverse impacts on the event participants and the community.
B.
Funeral
processions.
C.
Parades
or events sponsored by the city, as designated by city ordinance or
resolution.
D.
Spontaneous parades are required to comply with the expedited permitting process set forth in Section 12.48.060(B).
(O2009 2)
Consistent with Napa Municipal Code 12.36.090 and 12.36.270, the City Manager is authorized to establish and maintain written administrative regulations which implement the permitting requirements of Chapter 12.36 and this Chapter 12.48, including permit requirements for the issuance of special event permits, large park permits, or the use of reserved park areas or recreation facilities for minor park events. A copy of the administrative regulations shall be maintained in the office of the City Clerk. The administrative regulations shall be approved by the City Manager, based on the recommendation of the Director, and subject to the review and approval as to form by the City Attorney. The administrative regulations may include, but are not limited to the following elements: identification of any delegation of duties to qualified city employees, standard forms for applications and permits, facility use policies, reservation procedures and permit issuance criteria, use restrictions, deposit and cleaning security amounts and requirements, and regulations detailing the limitations for each park that implement this section, including regulations addressing park capacity, the permissibility and duration of amplified sound and requirements for the maintenance of accessibility during events.
(O2009 2)
A.
Each application for a permit for any event (including any special event, as defined by Section 12.48.020, which specifically includes parades), a large park event, or a reservation for a reserved park area or recreation facility for a minor park event shall be filed with the Director in accordance with the requirements of this section.
B.
Each
application for a special event or large park event permit shall be
filed with the Director at least 90 days prior to the event and will
be accepted up to 365 days prior to the event, and each application
for a minor park event shall be filed with the director at least 10
days in advance and will be accepted up to 365 days prior to the event;
provided, however, any permit required by this chapter shall be subject
to the following exceptions:
1.
An
application involving expressive activity must be filed not less than
five calendar days prior to the event; and
2.
An
application for a parade involving expressive activity, and occasioned
by and in response to news or affairs coming into public knowledge
less than 72 hours prior to such event, must be filed not less than
48 hours prior to the parade.
C.
Each
application for an event permit shall be made in writing on a form
approved by the Director, and it shall contain the following information:
1.
The
name, address and telephone number of the applicant(s), including
photo identification. If the event will be conducted for, on behalf
of, or by an organization, the application shall include the name,
address and telephone number of the headquarters of the organization,
as well as an identification of the individual authorized to act on
behalf of the organization, and documentation of the organization's
delegation of authority to the individual acting on its behalf;
2.
The
name, address and telephone number of all event organizers, including
a photo identification of a designated primary event organizer who
shall be identified as the applicant, and effective means by which
to reach all event organizers during the event, such as cell phone
and pager numbers and likely location during the event;
3.
A
description of the event, including its purpose and the number of
people expected to attend;
4.
The
date(s) of the event;
5.
The
estimated times that the event will start and terminate, including
assembly and disassembly involving the use of public property;
6.
For
events located on or in parks, a statement whether the event will
occupy all or only a portion of the park, along with a graphic depiction
of the portions of the park planned to be used for the event, and
the location of essential elements of the event;
7.
The
number and location of portable sanitation facilities and other equipment
and services proposed for participants, if applicable;
8.
A
description of arrangements that have been made for first aid or emergency
medical services, or both, if applicable;
9.
A description of arrangements that have been made for security, if security is required under administrative regulations promulgated under Section 12.48.050 according to the size and character of the event, including the name of and contact information for the security contractor;
10.
A description of anticipated use of park-supplied electricity, and a description of any other equipment that produces sound or noise during the event, and whether amplified sound is proposed. Any event proposing amplified sound must comply with the requirements of Napa Municipal Code Section 12.40.030;
11.
For any event featuring vendors or sales of goods or services, the
applicant shall furnish proof of all required licenses, including,
but not limited to, an appropriate business license in accordance
with Title 5 of this code, licenses from the County Health Department,
and any licenses authorizing the sale of alcoholic beverages issued
by the California State Department of Alcoholic Beverage Control;
12.
Such other information, in conformity with the requirements of this
chapter and the administrative regulations, as the Director may reasonably
require;
D.
For
any special event application for a parade, the application shall
include the following information:
1.
Comply with all requirements of subsection 12.48.060(C);
2.
A
written description of the route to be traveled, along with a map
of the route, including the starting point and the termination point;
3.
The
location(s) at which the parade will assemble and the location(s)
at which the parade will disassemble; and, if such area(s) involve
the use of private property, evidence of written permission of the
private property owner and/or lessee for such use;
4.
The
times at which the parade will: begin to assemble, complete assembly
and begin the parade, end the parade and begin disassembly, and complete
disassembly and cleanup;
5.
The
estimated number of persons who will participate in the parade;
6.
The
type and estimated number of vehicles, animals or structures that
will be used in the parade;
7.
A
statement as to whether the parade will occupy all or only a portion
(with a description of the portion) of the width of any street, sidewalk,
alley, or other public way proposed to be traveled;
8.
The
maximum and minimum speeds of the parade;
9.
The
interval of space to be maintained between units of such parade;
10.
The parking requirements for the parade participants.
E.
Application Fees, Charges, and Deposits. Each application shall be submitted with payment of all required fees and deposits. The fee shall be paid pursuant to Section 12.48.130. A security deposit shall be paid in an amount established pursuant to resolution of the City Council. The security deposit may be used by the city to cover any costs incurred by the city in curing damages caused by an applicant's failure to comply with permit requirements.
(O2009 2)
A.
Any application received after the deadlines established in Section 12.48.060 is a late application. The Director shall not accept late applications unless he or she finds that:
1.
The
proposed event is in response to an occurrence whose timing did not
reasonably allow the applicant to file a timely application; or
2.
The
imposition of the time limitations would place an unreasonable restriction
on the expressive activity of the applicant; or
3.
The
nature of the proposed event is one that may reasonably be accommodated
without undue or adverse impacts to city staff's ability to process
such application or previously scheduled events.
B.
When the Director finds one or all of the above conditions to exist, the Director shall accept the application and process it in accordance with this chapter, unless it does not meet the criteria set forth in Section 12.48.060 or there is insufficient time for the city to make necessary preparations for traffic control or other public safety matters prior to the time of the proposed event. If the proposed event is exempt from the permitting requirements of this chapter under the authority of Section 12.48.040, the Director shall advise the applicant accordingly. Late applications may be subject to a late application fee in addition to any regular fees established under the authority of Section 12.48.130.
(O2009 2)
A.
Review by City. Upon the filing of a complete application for a special event permit, the Director shall review for compliance with this section, and shall determine the amount of any service charges required pursuant to Section 12.48.130.
B.
Action
on Permit Application. The Director shall approve, approve with conditions,
or deny an application for an event permit within 30 calendar days
of receipt of a completed application or 90 days prior to the proposed
event if an application is submitted more than 120 days prior to a
proposed event, whichever date is later; provided, however:
1.
If a permit application is filed pursuant to Section 12.48.060(B)(1), the Director shall approve, approve with conditions, or deny the application within three calendar days of receipt of a completed application; and
2.
If a permit application is filed pursuant to Section 12.48.060(B)(2), the Director shall approve, approve with conditions, or deny the application within 12 hours of receipt of a completed application.
C.
The
Director shall issue a permit for an event unless the Director determines
that one or more of the following conditions exist:
2.
The
information contained in the application, including supplemental information,
if any, is found to be false in any material respect, the purpose
of the event is contrary to law, or the applicant has failed to meet
the city requirements for a permit.
3.
The
proposed event is in conflict with a previously approved event (based
on a consideration of factors necessary for the city's regulation
of the public health safety, and welfare, in a manner that is a content
neutral regulation of the time, place, and manner of each event).
Potentially conflicting events will be evaluated based on the time
the complete application is filed with the city.
4.
The
event will unduly interfere with vehicular ingress to, egress from,
or travel on a freeway, state designated highway, or major arterial
or collector street of the city.
5.
The
event will unreasonably interfere with fire or police protection,
or public safety, including presenting a substantial or unwarranted
traffic or safety hazard.
6.
The event will involve a number of people exceeding the capacity of the park for which it is proposed or would involve amplified sound contrary to the requirements set forth in Napa Municipal Code Section 12.40.030 or any regulations promulgated by the Director for that park.
7.
The
security arrangements that have been made are inadequate or the contractor
that will be providing security is not qualified.
8.
One or more of the applicants or persons whose name is shown on the application was also named on an application for a event in the city that resulted in a final determination of a violation of this chapter, as described in Sections 12.48.160 through 12.48.180, within the prior 24 months, the applicant's permit was previously revoked as provided in this chapter or the applicant was responsible for an event in any other jurisdiction that resulted in comparable problems prohibited by local law in that jurisdiction within the last 24 months.
D.
The
Director shall issue a special event permit for a parade unless the
Director determines one or more of the following conditions exist:
2.
The
proposed parade would substantially disrupt vehicular traffic, public
transportation, or pedestrian traffic within the city;
3.
The
proposed parade would unreasonably interfere with access to police
or fire stations, or other public safety facilities;
4.
The
proposed parade would present unreasonable danger to the health, safety,
or welfare of the applicant, spectators, city employees, or members
of the public;
5.
There
is not sufficient on-street and/or off-street parking to accommodate
parade participants;
6.
The
proposed area for the assembly or route of the parade will not physically
accommodate the number of participants expected to participate in
the parade;
7.
The
parade will violate any federal, state or local law or regulation.
E.
The applicant shall be notified in writing of the action of the Director in granting or denying the permit in accordance with the timelines set forth in subsection B, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means. In addition to the written notice of denial, the Director shall promptly attempt to orally notify applicants who have filed applications pursuant to Sections 12.48.060(B)(1) or (B)(2). Written notification of denial must contain:
F.
Content
Neutral Review. In deciding whether to approve an application for
permit, no consideration shall be given to the content of the speech
or message of the event.
(O2009 2)
A.
An
event permit shall contain the information given in the application
and may impose reasonable time, place, and manner restrictions to
ensure that the event will not pose a traffic or safety hazard or
unreasonably interfere with fire or police protection services. The
restrictions shall be in conformity with the requirements of this
chapter and shall provide only for such modification of the proposed
event as is necessary to achieve compliance with this chapter, to
facilitate multiple uses of public property, to prevent dangerous,
unlawful or impermissible uses of public property, and to regulate
vehicular and pedestrian traffic; provided, that such conditions and
restrictions shall not be imposed in a manner that will unreasonably
restrict expressive activity or other conduct protected by the California
Constitution or United States Constitution.
B.
For
event permits, conditions and restrictions may include, but are not
limited to, requiring the applicant to:
1.
Maintain
a 20-foot wide emergency access lane at all times;
2.
Provide
first aid stations and teams within the closed-off area to provide
emergency medical aid to participants;
3.
Provide
portable sanitation facilities and other equipment and services sufficient
to serve the estimated number of attendees, with a number of handicapped-accessible
facilities sufficient to satisfy applicable state and federal accessibility
regulations;
4.
Provide
barricades to close off streets or other areas;
5.
Provide
sufficient signs and directional arrows to divert traffic and arrange
for public transit detours per city-approved traffic control plan;
6.
Provide
monitors for crowd control and security at the rate of one unarmed
security person per 25 attendees and establish liaison with the Police
Department concerning security. Security shall be required for events
with an estimated attendance in excess of 750 persons, and events
for which the Director determines identified public safety concerns
warrant security;
7.
Distribute
flyers throughout the surrounding areas in advance of the event, notifying
the affected residents and business people of any street closure associated
with the event;
8.
Clean
all debris and litter from the park, street and sidewalk area within
four hours after the conclusion of the event;
9.
If
alcoholic beverages are to be sold at the event, obtain the appropriate
license from the State Department of Alcoholic Beverage Control, follow
responsible beverage service practices and provide security adequate
to maintain order, as determined by the Chief of Police, and furnish
the Chief of Police with a copy of all required licenses;
10.
Include in all advertisements about the parking event or parade notice
that parking in the area of the event is limited, encouraging attendees
to take public transit, and notifying them of relevant public transit
information.
C.
For
any special event permit for a parade, additional conditions and restrictions
may include, but are not limited to:
1.
The
accommodation of the parade's pedestrian and vehicular traffic, including
the restriction of parade participants to city sidewalks, or portions
of city streets or other public ways;
2.
Conditions
designed to lessen interference with public safety and emergency service
access;
3.
Limitations
and regulations on the number and type of vehicles, animals, or structures
to be displayed or used in the parade;
4.
The
inspection and approval by city personnel of stages, booths, floats,
structures, vehicles or equipment to be used or operated in the parade
to ensure that such items are properly constructed, may be safely
operated, and conform to all applicable laws and regulations;
5.
The
provision and use of traffic cones or barricades;
6.
A
cleaning deposit if the parade includes operation of water stations,
food or beverage distribution or sales, sales of other goods or services,
display or use of horses or other large animals;
7.
Noise
restrictions;
8.
The
prohibition of alcohol sales or consumption at the parade.
D.
Applicants
shall carry the permit during the event and shall show it, upon demand,
to any city employee.
E.
The
Director may require as a condition of a permit that any event may
be monitored by city staff, provided that this condition is not imposed
on the basis of any communicative characteristic of the proposed event.
F.
Each
park in which an event occurs shall remain open to the public during
the event to the extent consistent with the park's capacity and to
the maximum extent feasible given the nature of the event. No park
shall be closed to the public during an event, unless specifically
authorized pursuant to a permit issued under this chapter.
G.
Each
event shall end no later than 10:00 p.m., unless specifically authorized
pursuant to a permit issued under this chapter.
H.
Permittees
shall ensure that accessibility for persons with disabilities is not
impaired by the event.
(O2009 2)
A.
The
Director may revoke a permit issued under this chapter at any time,
if the Director determines that as a result of inclement weather conduct
of an event would unreasonably damage the park or route for which
it is proposed.
B.
The Director may revoke a permit issued under this chapter at any time, if the Director determines that any provision of this chapter or any condition of the permit has not been met or is being violated, or if one of the event organizers was not shown on the application. The applicant may appeal any revocation as provided in Sections 12.48.160 through 12.48.180.
(O2009 2)
A.
The permittee shall be required, not later than three days prior to a minor park event, and no later than 21 days prior to a large park event or special event, a cash deposit or other adequate security in a form acceptable to the Director sufficient to cover the costs of all fees and service charges estimated for the project as provided for under Section 12.48.130.
B.
The
permittee shall defend, indemnify, and hold harmless the city (including
its officers, agents, employees, and volunteers), from any and all
claims, causes of action, penalties, losses, expenses (including reasonable
attorneys' fees) and any other liability for injuries or damage to
persons or property resulting from the event which were caused by
the acts or omissions of the permittee (including its officers, agents,
employees, and volunteers), excepting liabilities caused by the active
negligence or willful misconduct of the city. Nothing in this section
shall be construed to require the applicant to indemnify the city
for losses to the city occasioned by a reaction to permittees' expressive
activity, or to waive a right to otherwise valid causes of action
against the city or other parties as a condition of exercising rights
of assembly and free speech.
C.
If
city property is destroyed or damaged by reason of an event, the permittee
shall reimburse the city for the cost of those repairs deemed necessary
by the city. The city may retain the security deposit as full or partial
reimbursement for any such damage, and in the event the damage to
city property exceeds the amount of the security deposit filed with
the city, the permittee shall reimburse the city for the difference.
(O2009 2)
A.
Applicants for minor park events, large park events and rentals of recreational facilities shall obtain liability insurance in an amount set by administrative regulation by the City Manager under Section 12.48.050. For very large events whose attendance will exceed 1,000, or events that involve unusual risks of damage or liability, the Director may require insurance in an amount appropriate to the event. The amount of insurance required shall not be based on the content of any expression involved in the event.
B.
No
permit applicant shall be required to comply with the insurance requirement
of this section if the proposed event is for an expressive activity
protected by the First Amendment to the United States Constitution
and the applicant produces evidence that complying with the insurance
provision is impossible or so financially burdensome that it would
preclude the proposed event from occurring.
C.
If
insurance is required pursuant to this section, evidence of insurance
in a form satisfactory to the Director shall be submitted and approved
by the city no later than 21 days before the event. If the applicant
is unable to obtain insurance or does not provide the city with adequate
evidence of insurance, the Director may obtain such insurance on behalf
of the permit applicant and charge the permit applicant for the cost.
(O2009 2)
A.
The
City Council may establish by resolution the fees that shall be charged
for permits issued under this chapter. The fees shall be established
in an amount to offset the city's costs related to the implementation
of this chapter, including costs associated with the review of applications;
establishment of conditions of approval; public safety staff to regulate
police and fire safety concerns; engineering and police staff to regulate
vehicular and pedestrian traffic controls; parks and public works
crews to regulate maintenance impacts; and administrative staff to
monitor city costs and fee revenues, and document permit requirements
for reasonable time, place and manner regulations to protect the public
health, safety and welfare. The fees may include a flat fee amount,
based on the estimated reasonable cost of providing the city services
required by the permit application. The fees may also include a method
of allocating, and imposing on a particular event, the city's actual
cost of providing services for that particular event. The fees may
also include a schedule of fines or penalties based on the city's
costs of enforcing permit violations, including the city's costs of
using police officers necessary to abate a public disturbance resulting
from a permit violation, and fees for submission of late applications.
The fees may also include fees related to the appeal process.
B.
If
a permittee is unable to hold or conduct an event because of inclement
weather or due to some other cause not within the permittee's control,
and the permittee submits written request for the refund of such fees
to the Director within 10 days after the date that the event was to
have been held or conducted, the Director may authorize the refund
of any fees that are not necessary to reimburse the city's expenses
of preparation for the event.
(O2009 2)
A.
No
person shall unreasonably hamper, obstruct, impede or interfere with
any event, or any person participating in, or any vehicle or animal
used in, any event.
B.
Except
for emergency vehicles, no driver of a vehicle shall drive between
the vehicles, animals, or persons comprising a parade when such vehicles,
animals or persons are conspicuously designated as a parade.
C.
The
Chief of Police shall have the authority, when necessary for the safety
and protection of parade participants and observers, to prohibit or
restrict the parking of vehicles along the street or part thereof
constituting a part of the route of a parade. The Chief of Police
or Director of Public Works shall post signs to such effect and it
is unlawful for any person to park or leave unattended any vehicle
in violation thereof.
(O2009 2)
(O2009 2)
A.
Any
written determination made by the Director pursuant to this chapter
shall be final unless appealed pursuant to the requirements of this
section. Failure to file a timely appeal pursuant to this section
constitutes a waiver of the appeal and a failure to exhaust administrative
remedies.
B.
Any person aggrieved by a determination by the Director pursuant to this chapter may appeal by filing a request for an administrative hearing within 10 days of the issuance of the Director's determination, in accordance with the provisions of Chapter 1.26. If the subject of the request for an administrative hearing involves expressive activity, upon written request of the appellant, the scheduling of the administrative hearing shall be expedited by the city Hearing Officer.
(O2010 18, 10/19/10)
