This chapter provides for the approval and regulation of special events on private property and publicly owned property, including City-owned property.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
As used in this chapter:
means a person that conducts, manages, promotes or organizes a special event. An applicant must be eighteen years of age or older.
means a special exhibition or activity on the interior or exterior of a business' premises for marketing, sales, or advertising purposes associated with the business.
means an attraction consisting of a collection of shows, exhibitions, feats of strength, merchandise booths, games of skill, Ferris wheels, scenic-railways, merry-go-rounds, swings or other amusement rides or similar devices or similar types of exhibitions or entertainments for which a fee is charged or collected.
means an attraction at which feats of horsemanship, acrobatic feats, trained or wild animals, and clowns are exhibited or displayed in the city, or similar types of entertainment, for which a fee is charged or collected.
means and includes establishing, setting up, maintaining, exhibiting, operating, managing, participating in or engaging in.
means the Director of a Department, or designee, designated by the City Manager.
means a thematic, organized, site-specific celebration, performance, exhibition or competition, during which commerce may occur.
means the County of Los Angeles Fire Department, or the governmental division or department providing the City with services related to fire prevention and safety, rescue, emergency services, and emergency preparedness.
means an event where the main purpose is to give away goods or services to promote either civic or social causes which are not fund-raising activities, such as health clinics, spay and neuter clinics, food or clothing distribution events, or similar events. Giveaways may also include events where the main or ancillary purpose is to give away goods or services to promote or advertise a business or service.
means an event or celebration for a business that occurs within 30 calendar days of the date on which the business first opens to the public. Grand opening also includes the re-opening of business that has undergone a corporate change of ownership, a change of location, substantial remodeling of its existing location or as otherwise determined by the Director.
means the branch of the Los Angeles County government providing health services to the City, by contract or otherwise, and headed by the Health Officer as defined in Title 11 of the Los Angeles County Code.
means an organization or corporation organized primarily for veterans, patriotic, social welfare, civic betterment, charitable or educational purposes and qualified under Sections 501(a), 501(c)(3), (4), (5), (6) (if the organization is a chamber of commerce), (7), (8), (10), (19) or (23) of the Internal Revenue Code, corresponding provision of the California Revenue and Taxation Code or is a public school.
means the holder of any permit issued pursuant to this chapter.
means any natural person, individual, administrator, executor, assignee, trustee, firm, association, joint venture, partnership, organization, club, company, corporation, trust, estate, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, except where the context clearly requires a different meaning.
means a sale of assorted secondhand articles or objects contributed by donors to raise money for a charity or nonprofit organization.
includes, but is not limited to, an event's anticipated number of attendees, location, duration, features such as description of the event or attraction, number of participants, tents, booths, entertainment, anticipated road closures, and other elements as determined by City staff.
means the Los Angeles County Sheriff's Department, or the governmental agency that provides law enforcement services to the City.
means a short-term land use activity that is distinct from the customary land use of the property on which it is conducted and that involves the potential for a substantial number of participants or spectators. A special event includes those events described in Section 5.28.020(B).
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
A.
No person shall conduct a special event on private property or publicly owned property unless such person first obtains, and continues to maintain in full force and effect, a special event permit. If such person engages another to operate the special event, i.e., another party provides carnival rides or game booths, that person shall obtain the permit pursuant to the provisions of this chapter.
B.
Applicability. A special event permit is required for the following types of special events:
1.
Outdoor concerts and other entertainment, including, but not limited to, public or semi-public dances and recreation events.
2.
Carnivals, circuses, fairs and festivals.
3.
Outdoor swap meets of a temporary nature.
4.
Walks, runs, bicycle and vehicle races and other similar athletic events.
5.
Organized/sponsored animal or car shows.
6.
Rodeos.
7.
Commercial auctions.
8.
Grand openings, business events, business promotions, or giveaways that occur outside the established areas of the entity's operations and also incorporate any of the following:
9.
Auto dealer sales events involving promotional attractions such as, but not limited to, barbecues, tents and canopies.
10.
Events in the public right-of-way, which in any way obstructs, delays or interferes with normal flow of pedestrian or vehicular traffic, or encroaches onto a public right-of-way.
11.
Seasonal goods markets (such as Christmas tree lots or pumpkin patches).
12.
Other organized activities conducted for a common or collective use, purpose or benefit which activity has an impact on public property or facilities and which may require the provision on City public services in response thereto.
13.
Farmer's markets on private or public parking lots or property.
14.
Other events with potential substantial attendance or activities conducted for a common or collective use, purpose or benefit which activity involves the use of public property or facilities and which may require the provision of City public services for street blockage, erecting barriers, traffic control or crowd control, as determined by the Director, which are not exempted per subsection C of this section.
C.
Exempt Activities. The following activities are exempt from the special event permit requirement; notwithstanding, events that are exempt from a special event permit may still require other City permits, licenses, and/or agency approvals as required by this Code, City ordinances and resolutions or regulations:
1.
Parades, public assemblies, or similar constitutionally protected expressive activities conducted pursuant to Chapter 12.36.
2.
Normal promotional/sale activities conducted within the approved display area of a business establishment regulated by Title 17.
6.
Yard, garage, or other personal property sales in residential districts regulated by Chapter 17.02.
7.
Activities or events held or conducted by or on behalf of the City, a local school district or other governmental agency acting within the scope of its authority on property owned or leased by such entity or its sponsor.
8.
Adult-supervised, child-oriented parties conducted at a residential property and involving no live music.
9.
Grand-openings, business events, business promotions, and giveaways that are contained within an enclosed building or conducted outside the established areas of the entity's operations and that also occupy parking areas, drive aisles, or include the following:
10.
Rummage sales by a nonprofit organization conducted at or upon the legally established premises of the organization, which is owned, leased, or operated by such organization.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
A.
Approval Authority. The application for a special event permit shall be filed and processed with the Department designated by the City Manager.
B.
Timing for Filing Application.
Event Type | Application Deadline |
|---|---|
New and/or one-time events, carnivals, circuses, fairs, festivals, street closure events, events with alcohol | 45 Calendar Days Prior to Event |
Annual events, semi-annual events, or reoccurring events, with changes in scope | 30 Calendar Days Prior to Event |
Annual events, semi-annual events, or reoccurring events, with no changes in scope | 15 Calendar Days Prior to Event |
Grand openings, business events/promotions, which occupy parking areas, drive aisles, or public right-of-way (unless exempted under Section 5.28.020.C) | 3 Calendar Days Prior to Event |
C.
Submittal Requirements. The application shall be on a form furnished by the Director and at a minimum contain the following information:
1.
The name, address, telephone number and e-mail address of the applicant and the name of each of the principal officers of the applicant, with the residence address, telephone number and e-mail address of each officer;
2.
Evidence in the form of an official or governmental agency issued document or identification card that the applicant is 18 years of age or older or in instances involving alcohol sales 21 years of age or older;
3.
The name, residence address, email address, and telephone number of the property owner on whose property the special event will take place;
4.
Property owner authorization on a form provided by City;
5.
A detailed plot plan of the event area showing the location of equipment, rides, booths, stages, lighting, canopies, tents, portable toilets, traffic control devices, parking areas, temporary signs and banners, temporary fencing, trash bins, seating food service areas, sound systems, or other related equipment;
6.
A detailed letter of operation/description indicating the proposed hours, dates and location of the special event, as well as specific components proposed as part of the special event (rides, entertainment, amplified music, canopies and tents);
7.
Any supplemental information deemed necessary by the Director to determine whether the application should be granted, conditioned or denied;
8.
No application will be accepted and processed unless all of the required information is provided and completed, as required by this chapter.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
A.
The application shall be accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council.
B.
In addition, the applicant shall deposit the anticipated costs of City services to be provided in conjunction with the special event, prior to issuance of a special event permit. Following conclusion of the special event, the City shall determine the actual costs of the City services. The City shall refund to the applicant any amount by which the deposit exceeds the actual costs and the applicant shall pay the City any amount by which the actual costs exceed the deposit.
C.
Appeal of Decision. A timely filed appeal application (submitted within five calendar days of the decision) shall be accompanied by a nonrefundable fee in an amount established by resolution of the City.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
A.
The Director may send copies of the application, and supplemental information or documents, to various departments or divisions to obtain comments and recommendations, including, but not limited to, the following departments: Sheriff, Finance, Fire, Health, Community Development, Public Safety and Public Services.
B.
Upon receiving the reports of the various departments or divisions, the Director shall review and consider the application and reports, and determine whether a permit should be approved, conditionally approved or denied on the grounds specified in Section 5.28.060. The Director's decision shall be in writing.
C.
When approving a special event permit, the Director may impose conditions as deemed necessary or appropriate to protect adjacent property and the public health, safety and welfare.
D.
Any person may appeal the Director's decision on a special event permit application as set forth in Section 5.28.100.
E.
If the event is conducted on City-owned property and the application is approved, the permittee shall file the required bond, insurance certificate and indemnification agreement with the Director and shall pay the appropriate business license tax, all related business license processing fees, and special event permit fee, prior to the issuance of the permit.
F.
If the event is conducted on private property and the application is approved, the permittee shall sign an indemnification and/or hold harmless agreement(s) with the Director, and shall pay applicable business license tax, all related business license processing fees, and special event permit fee, prior to the issuance of the permit.
G.
Compliance with Other Departments, Divisions and Agencies.
1.
Health and Sanitation. The permittee shall comply with the health and sanitation requirements established by the Health Department, and with any applicable State and City laws.
2.
Building and Fire Codes. The permittee shall comply with the building and fire codes as set forth in the California Building Code and Title 15 of the Norwalk Municipal Code, as applicable, and shall be responsible for compliance with such codes by every activity carried on pursuant to the permit.
3.
Business Licensing. All applicants of special events, including any vendors that participate in the special event and other such similar entities, shall obtain a valid business license pursuant to Chapter 5.08 of the Norwalk Municipal Code. Applicants shall obtain a seller's permit from the California Department of Tax and Fee Administration (CDTFA). After event, vendors shall report and pay sales tax generated in Norwalk.
4.
Public Safety and Law Enforcement. As determined by the Director, potential traffic or safety issues associated with a proposed special event shall be referred to the Public Safety Department or law enforcement for review and obtain recommended conditions of approval.
5.
Other Department, Division, Agency Review. As determined by the Director, potential impacts associated with a proposed special event shall be referred to any other appropriate staff member or department, division, or agency for review and obtain recommended conditions of approval.
H.
Lighting of Special Event Area. The area around and between tents, facilities and equipment, if any, of the special event shall be well lit at all times during its operation. The permittee shall maintain an emergency lighting system to provide adequate lighting for the orderly evacuation in event of a disaster or emergency, which shall be approved by the Community Development Department. The operation of any special event at any time when such requirements are not fully met is prohibited.
I.
Alcoholic Beverages Prohibited. No permittee or other person shall sell, permit sales or offer for sale, or distribute or allow to distribute in any manner, on the premises of any special event alcoholic beverages unless specifically authorized to do so by the terms of the permit.
J.
Additional Policies, Rules, and Regulations. The Director is authorized to impose additional policies, rules and regulations that are consistent with and that further the provisions set forth in this chapter that pertain to the conduct and operation of a special event.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
The special event permit shall be approved unless the Director finds that any one of the following conditions exists:
A.
The information contained in the application or supplemental information requested from the applicant is found to be materially false, or such information is incomplete;
B.
The proposed special event will interfere with any other special event for which a permit has already been approved or with the provision of City services in support of other scheduled events;
C.
The proposed special event will be detrimental to the public peace, health, safety or welfare;
D.
The location of the event is likely to interfere with construction or maintenance work previously scheduled to take place upon or along City streets, or to interfere with a previously granted encroachment permit;
E.
The proposed special event will adversely affect the City's ability to reasonably perform municipal functions or furnish City services;
F.
The applicant or the person or entity on whose behalf the application for the permit was made has failed to conduct a previously authorized event in accordance with the law or the terms of the permit, or both;
G.
The applicant or the person or entity on whose behalf the application for permit was made, has outstanding and unpaid debts to the City;
H.
The applicant fails to comply with liability insurance and indemnification requirements as prescribed by this chapter, or pursuant to the terms and conditions of an indemnification and/or hold harmless agreement(s); or
I.
Where conditions of a previous permit issued to the applicant were violated, or where any City ordinance, rule or regulation was violated.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
Event Type | Frequency of Event per Calendar Year | Number of Days per Event | Event Hours |
|---|---|---|---|
Non-exempted special events, except for events that are classified as a grand opening, business event/promotion, or giveaways | No more than 4 special events per calendar year use on a single use property or group of properties operated as a shopping center or other similar joint use. | 4 consecutive days. | No special event shall operate between the hours of 12:00 midnight and 8:00 a.m. of the following morning. |
Grand openings, business events/promotions, and giveaways | No more than 7 events per calendar year. | 4 consecutive days. | No special event shall operate between the hours of 12:00 midnight and 8:00 a.m. of the following morning. |
Certified farmer's markets, authorized by the County of Los Angeles Agricultural Commissioner | May operate twice a week during a calendar year. | N/A | No special event shall operate between the hours of 12:00 midnight and 8:00 a.m. of the following morning. |
Non-certified farmer's markets | No more than 4 events per calendar year. | 4 consecutive days. | No special event shall operate between the hours of 12:00 midnight and 8:00 a.m. of the following morning. |
Retail sellers of new vehicles | If approved by the Director, may operate in accordance with a yearly special event permit. Otherwise, no more than 4 special events per calendar year. | 4 consecutive days. | No special event shall operate between the hours of 12:00 midnight and 8:00 a.m. of the following morning. |
Non-profit organizations with events promoting civic or social causes, which are not fundraising activities | If approved by the Director, may operate in accordance with a yearly special event permit. Otherwise, no more than 4 special events per calendar year. | 4 consecutive days. | No special event shall operate between the hours of 12:00 midnight and 8:00 a.m. of the following morning. |
Christmas tree lots, pumpkin patches, or similar holiday sales or events | May operate between October 1 and December 31. | 45 consecutive days | No special event shall operate between the hours of 12:00 midnight and 8:00 a.m. of the following morning. |
Notes: | |
|---|---|
* | Days used for set-up or clean-up of the event shall not be counted towards the operating days, but must be disclosed to the Director. |
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
In addition to the general requirements specified in Section 5.28.050 for special events, or as required by this chapter, the events specified below shall comply as follows:
A.
Carnivals, Circuses, Fairs and Festivals.
1.
The rules of any game of skill or science, the prizes offered, the requirements for winning each prize or group of prizes and the cost of participating in such games shall be clearly indicated and prominently displayed at the location where such game is played. No changes in the rules shall be made and the games shall be conducted substantially as described in the application for permit.
2.
As determined by the Director, events that contain 10 or more separate exhibits, concessions, shows, games or rides in any combination shall provide a minimum of one uniformed peace officer or uniformed guard, licensed by the State. If the special event contains more than 20 such exhibits, concessions, shows, games or rides in any combination, an additional uniformed peace officer or uniformed guard shall be provided. The peace officers or guards shall be on duty during all hours of operation of the special event and shall cooperate fully with the law enforcement, health and fire protection agencies of the City. In addition, the peace officer or guard shall register with the local substation of the Sheriff's Department, or with the City's agency providing law enforcement services, providing identification and proof of his or her status as a peace officer or licensed guard to the Sheriff's Department prior to the first day of the special event.
3.
The permittee shall furnish proof to the City that all equipment, rides, tents and structures utilized in connection with the special event have been inspected and are in compliance with applicable State and City laws and regulations, and shall cooperate with the inspection thereof by the City's law enforcement agency, fire department, building, health or other public officials and personnel.
B.
Events on City-Owned Property.
1.
Liability Insurance and Indemnification Required.
a.
The permittee shall maintain commercial liability insurance. The policy limits shall not be less than two million dollars ($2,000,000.00) per occurrence for all covered losses and two million dollars ($2,000,000.00) general aggregate. Such policy shall: (a) name the City, its elected and non-elected officers and employees as additional insureds; (b) specify that the insurer waives the right of subrogation against the City and City's agents and representatives; (c) specify that the policy is primary and non-contributory with any insurance that may be carried by the City; and (d) contain a provision that the policy may not be canceled or materially changed except after 30 days' prior written notice by the insurer to City. If the permittee is the sponsor of the special event and the permittee engages another organization to conduct the special event (such as a carnival operator, circus operator, etc.) that organization must also maintain the insurance provided for in this section for its activities at the special event.
b.
The Director may increase or decrease the amount of liability insurance or modify or waive any insurance requirement based on an analysis of: (a) whether or not the special event poses an unusual or peculiar risk or harm or injury to participants or spectator; and/or (b) the potential public liability or property damage exposure to the City which may result from the special event. The decision of the Director shall be final.
c.
The permittee shall execute a written agreement in the form provided by the City whereby the permittee shall reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event and proximately caused by the action of the permittee, its officers, employees or agents or any person who was under the permittee's control insofar as permitted by law.
d.
The permittee shall execute a written agreement in the form provided by the City whereby the permittee promises to indemnify, defend and hold harmless the City, its elected officials, officers, employees and agents, from and against any and all causes of actions, claims, liabilities, obligations, judgments, or damages, including reasonable attorneys' fees and costs of litigation ("claims"), arising from or as a result of the special event.
e.
Failure to comply with this section will constitute grounds for denying a permit.
2.
Bond or Surety Required.
a.
Unless otherwise determined by the Director per subsection (B)(2)(c), the permittee shall deposit with the City, no later than 48 hours prior to the first day of conducting the special event, and shall maintain for a period of 180 days after the termination of activities under the special event permit, a cash bond or in lieu thereof, a surety bond, in the amount of $1,000 or such other amount that has been deemed sufficient by the City's Risk Manager. This bond shall be issued by a surety company approved by the City Attorney and in a form approved by the City Attorney. The terms of the bond shall:
i.
Insure payment to the City for any damage to City property occasioned by the operation of the special event, including damages occasioned by the equipment, facilities or personnel of the special event;
ii.
Insure the cleaning of the premises used for such special event, and of the immediate surrounding properties and streets of such litter and debris as may result from the operation thereof, to return the site to its original condition or better;
iii.
Insure the removal, within 48 hours after the special event, of any signs, placards or advertising matter placed upon any property within the City limits in connection with the special event; and
iv.
Insure payment of any fines levied against the permittee for violation of this Code or any other ordinance or State law related to the special event in the City.
b.
Each permittee shall comply with all terms and conditions set forth in the special event permit. The Director shall retain all or a portion of the bond or surety, for failure to fully comply with the approved conditions or other requirements. Such failure will result in the following deduction from the bond or surety: first violation: $100, second violation: $300, each additional violation thereafter: $500.
c.
The bond may be waived, increased or reduced in amount or sooner canceled or returned by the Director when, in his or her discretion, the conditions of or reasons for requiring the bond has been satisfactorily met. The permittee shall be promptly notified of any claims made or contemplated against the bond or surety, and shall have the right to appeal from any claim, or the amount thereof, to the City Council. The decision of the City Council shall be final.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
A.
The Director may revoke or suspend, in whole or in part, a special event permit at any time if the Director finds: (1) the special event constitutes a public nuisance or disturbs the peace; (2) the special event is injurious to the public peace, health, safety or welfare; (3) the special event is conducted contrary to the permit, permit conditions, any State or City law or rules and regulations adopted by the City Council or the City Manager, or Director governing special events; (4) the applicant, or his or her agent(s) or representatives, has willfully made false or misleading statements in the application or any other document required pursuant to this chapter. Revocation or suspension shall become effective immediately upon delivery of a written notice to the person in immediate charge of the special event or portion thereof affected by such act, or, if no such person be found upon the premises, immediately upon the posting of such a notice in three prominent places near the entrances to the premises, or at conspicuous access or entry points, occupied or the portion thereof affected, by an official representative of the Director, or Fire, Law Enforcement, Health or the Community Development Department. The posting shall give notice of such revocation or suspension and the reasons therefor. The Director may, for good cause, cancel and make null and void any revocation or suspension action, or written notice ordering the same, but in all cases he or she shall promptly take such steps as are necessary to inform appropriate City officials of the action taken, and of the reason or reasons therefor.
B.
Upon revocation or suspension of a special event permit, the permittee and any parties under the permittee's control shall immediately cease operation of the special event activities subject to revocation or suspension. In the event that the special permit is suspended, the permittee may resume operation once the suspension period has expired or canceled.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
A.
The permittee may appeal any denial, suspension, or revocation to the City Council by filing a written appeal, and submitting the required appeal fee, within five calendar days of the decision with the City Clerk. The notice of appeal shall describe the reason why the decision of the Director should be reversed or modified. The City Council shall hold a hearing on the appeal within 30 calendar days of the filing of the appeal, unless mutually agreed upon to extend the date within which to schedule the hearing. If an appeal is filed, the special event cannot be held until a decision has been rendered by the City Council or the City Manager, as applicable. The City Clerk shall give notice in writing to the permittee of the time and place of the hearing by serving it personally or by depositing it in the post office in the City, postage prepaid, addressed to the permittee at the address appearing on the application. In addition, notice of the hearing may be given by posting a notice on the premises where the activity is to be conducted. The decision of the City Council shall be final and conclusive and shall be served upon the permittee in the manner prescribed above for service of notice of hearing.
B.
If there is insufficient time for an appeal to be heard by the City Council prior to the date on which the event is scheduled, the applicant or permittee may, at his or her option, request that the City Clerk schedule the appeal before the City Manager. The City Manager shall hold a hearing no later than the second business day after the filing of the appeal, and will render his or her decision no later than the next business day after hearing the appeal. If the appeal is heard before the City Manager, the City Manager's decision is final. The decision of the City Manager shall be served upon the applicant or permittee in the manner prescribed above in subsection A for service of notice of hearing.
C.
A fee shall be paid at the time of the filing of the notice of appeal per Section 5.28.040(C) of this chapter.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
It is unlawful for any applicant to use in the title of the event the words "The City of Norwalk" or "City of Norwalk" in a manner that can be reasonably interpreted to imply that the event is sponsored or endorsed by the City or to use the facsimile of the seal or logo of the City of Norwalk without the City's written authorization, pursuant to Chapter 2.10 of the Norwalk Municipal Code.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)
It shall constitute a violation of this Code for any person, including corporations, their officers, Directors, agents or employees, to engage in any activity prohibited by this chapter, or to fail to perform any act required by this chapter or conduct any special event contrary to the terms of any permit or contrary to any requirement or prohibition of this chapter, or knowingly make any materially false statement on any application for a permit required by this chapter. Violations shall be subject to Chapters 1.13 and 1.16 of the Norwalk Municipal Code, as well as all remedies available to the City, in law and in equity.
(Ord. 14-1655 § 1; Ord. 20-1720 § 1; Ord. 21-1722 § 2)