The purpose of this chapter is to set forth the requirements for the use of public streets, alleys and sidewalks for organized running, walking and similar events.
As used in this chapter, the following definitions shall apply:
means and includes any individual, firm, partnership, association, corporation or organization of any kind.
means any running or walking or similar event, including bicycling, consisting of people using any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations and controls.
It shall be unlawful for any person to conduct a street sports event or knowingly participate in any such event unless and until a permit to conduct such an event has been obtained pursuant to the provisions of the chapter.
A.
An application for a permit to conduct a street sports event shall include the following:
1.
Payment to the City of a nonrefundable fee as established by the City Council for the purpose of defraying the cost of processing the application; and
2.
Proof that either the sponsoring organization or the organization which is to receive the proceeds from the event satisfy the following requirements:
a.
A non-profit entity organized for social, charitable, educational or other non-profit purposes; and
b.
In existence at least six months prior to applying for the permit; and
c.
A regular membership which holds regular meetings at least once a month for purposes other than the conduct of street sports events; and
d.
Furnish such information as may be required by the Director of Community Service.
B.
Any person desiring to conduct a street sports event shall apply to the Director of Community Services for a permit at least 60 days before the date of the proposed event. The Director of Community Services, upon the showing of good cause, may consider an application submitted less than the required 60 days prior to the date of the proposed event.
C.
The application for a street sports event shall be submitted on a form provided by the Director of Community Services and the information furnished shall be verified. The application shall contain the following information:
1.
The name, address and telephone number of the person seeking to conduct an event;
2.
If the event is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the responsible officer of such organization;
3.
The name, address and telephone number of the event chair, or the person otherwise responsible for its conduct;
4.
The date on which the event is to be held;
5.
The route to be traveled, including the starting point and termination point;
6.
The approximate number of persons taking part in the event;
7.
The approximate hours at which the event will start and terminate;
8.
Whether such event will occupy all or only one-half of the width of the streets proposed to be traversed;
9.
The location by streets of assembly and disassembly of such event;
10.
The time at which participants in the event will begin assembly in the assembly area; and
11.
Such additional information as the Director of Community Services shall deem reasonably necessary in determining whether or not the permit shall be issued under the standards set forth herein.
Prior to the issuance of any permit for a street sports event, the Director of Community Services shall require:
A.
That the applicant and any other persons, organizations, firms or corporations on whose behalf the application is made, by filing such application do represent, stipulate, contract and agree that they will jointly and severally indemnify and hold the City of Orange and its officers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the conduct of the event or its participants.
B.
That no permit shall be issued unless the applicant shall obtain a comprehensive general liability insurance policy or policies, issued by an insurance company or companies authorized to do business in the State of California, with coverage that includes the assembly area, the event route, the disassembly area of the event, and any other area used by the participants of the event. The City of Orange, its officers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall be not less than $1,000,000.00 combined single limit for both bodily injury and property damage. The policy or policies shall contain a provision stating that the insurance is primary and not contributing to any other insurance which the City may possess.
The policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after 30 days prior notice thereof has been given in writing to the City Clerk of the City of Orange.
Immediately after receipt of a completed application, the Director of Community Services shall transmit a copy of the application to the following department heads:
Chief of Police |
Director of Public Works |
Fire Chief |
Water Superintendent |
Each of the foregoing department heads shall review the application and submit a written report to the Director of Community Services within 10 days after receipt of the application. Immediately upon granting a permit, the Director of Community Services shall transmit a copy of the permit to each of the foregoing department heads.
In the written report to the Director of Community Services referred to in Section 5.99.060, each department head shall indicate whether or not the department will incur costs and if City personnel or equipment will be required if the event takes place. The report shall list the estimated number and types of personnel and equipment required and the costs to the City for providing them. The Director of Community Services shall not issue a permit until the applicant has posted an amount equivalent to the total estimated City costs. When the actual costs are determined after the event, if the actual cost is less than the sum posted, a refund of the difference shall be made to the permittee within 10 days after the actual costs have been determined. If the actual costs are greater than the sum posted, the permittee shall pay the difference to the City within 10 days after mailing of written notice of the sum due.
The Director of Community Services shall issue a permit for a street sports event upon findings that:
A.
The conduct of the event will not substantially interrupt the safe and orderly movement of traffic in the area of its route;
B.
The conduct of the event will not require the diversion of so great a number of police officers and other employees of the City so as to prevent the normal police protection of the City and the performance of other essential services;
C.
The concentration of persons in the event will not unreasonably interfere with proper fire and police protection;
D.
The conduct of the event is not reasonably likely to cause injury to persons or property, provoke disorderly conduct or create a disturbance;
E.
The event is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;
F.
The conduct of such event will not interfere with the movement of fire-fighting equipment en route to a fire; and
Each street sports event permit shall specify the following information:
A.
The assembly area and time therefor;
B.
The starting time of the event;
C.
The specific portions of the specified streets that may be occupied by the event;
D.
The disassembly area and the estimated time therefor;
E.
Such other requirements as are found by the Director of Community Services to be reasonably necessary for the protection of persons or property.
The permittee shall comply with all terms and conditions of the permit and all applicable laws and ordinances. Each permittee shall insure that the person in charge of the event shall at all times carry the permit on his or her person during the conduct of the event.
The Director of Community Services may revoke a permit issued pursuant to this chapter if he or she finds that any term, condition, restriction or limitation of such permit has been violated, or if he or she finds that as a result of changed circumstances any one or more of the standards specified in Section 5.99.080 has not been satisfied. Notice of action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail.
No person shall knowingly join or participate in any event conducted under permit from the Director of Community Services in violation of any term or condition of such permit, nor knowingly join or participate in any permitted event without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct.
Any person aggrieved by the action of the Director of Community Services in issuing, denying or revoking a permit for a street sports event shall have a right to appeal such action to the City Manager within 10 days after the action aggrieved of is taken. The City Manager may affirm, reverse or modify the action of the Director of Community Services in issuing, denying or revoking a permit.
(Ord. 46-83)