Note: Section 13.54.200 repealed by Ord. No. 3695-3/05.
refers to the Director of Community and Library Services
Department and/or his or her designee.
is that annual parade sponsored by the City of Huntington
Beach.
means any march, parade, procession or public assembly consisting
of persons or animals or vehicles or any combination thereof, upon
any public or quasi-public street, road, highway, sidewalk, alley,
park, parkway, pier, beach, building or other public or quasi-public
place, which obstructs or unreasonably interferes with the free passage
of vehicular traffic or pedestrian travel.
means the entire route of a parade as approved by the Director.
means that area between the edge of the roadway and the adjacent
property line excluding that area occupied by the sidewalk. Parkway
shall also include any area within a roadway which is not open to
vehicular travel.
includes, but is not limited to, sidewalks, parkways, streets,
and medians.
means that portion of a street improved, designated, or ordinarily
used for vehicular travel.
is any rope, ribbon, string, line or other device used to
delineate a public area for parade viewing by private parties.
is any common chair, stool, folding chair, folding stool,
bench or similar device whose purpose is seating.
means any surface provided for the exclusive use of pedestrians.
means the temporary use of public property, including, but
not limited to, streets, beaches, and parks for any purpose, including,
but not limited to, events such as art shows, fund-raising events,
sidewalk sales, amusement attractions, walkathons, marathon runs,
block parties, parades, demonstrations, rallies, protests, picket
lines, public assemblies, performances, weddings, company events and
sporting events, or any combination thereof. This chapter has no application
to events that are conducted on private property.
means all that area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways,
alleys, and sidewalks.
is that which is framed or erected. "Grandstand" is a structure
whose primary purpose is seating.
(3608-6/03, 4202-3/20, 4301-11/23)
No person shall organize, produce, direct, conduct, manage,
institute or carry on any specific event without a permit first had
and obtained from the Director. No person shall promote, advertise,
encourage or solicit attendance or otherwise participate in any way
in a specific event for which no permit has been issued, or for which
such permit has been suspended or revoked.
(3608-6/03)
An application for a permit shall be filed with the Director
not less than 90 days nor more than two years before the date proposed
for holding a specific event. Such application shall be signed by
the applicant, who must be at least 18 years of age, or his or her
authorized agent and shall be accompanied by a nonrefundable application
fee. The amount of said fee shall be established by resolution of
the City Council.
(3608-6/03)
Application for a permit to hold a specific event shall be made
on forms provided by the City, and shall contain the following:
A.
The
sponsoring organization, the contact person, and the address and telephone
number of each;
B.
A detailed
description of the specific event proposed to be held, the number
of persons participating in the event, the purpose of the event, the
date, hours and location where the event is proposed to be held, if
alcohol is to be served or sold, or if closure of public streets is
required, a description of merchandise to be sold or any food and
beverages to be sold or otherwise made available to attendees of the
specific event and the admission fee, if any, to be charged;
C.
For
parades, a description and map of the assembly area, disbanding area
and the route to be traveled; the assembly time, the starting time,
the disbanding time; the maximum parade length; the total number of
bands, sound vehicles or musical units, if any, their type and number
of members in each unit; the total number of public address units,
including those that are stationary, mounted on vehicles or portable;
the total number of marching units, if any, their type and number
of members in each unit; the number of animals, if any, and type;
the number of floats, if any, their size, type and methods of power;
the space between their units and their speed; and the maximum number
of persons who will participate in the parade;
D.
A detailed
description of the equipment to be used, if any, including the number
and types of vehicles, the number of public address or amplified sound
systems, whether mounted, portable, or stationary, the number and
type of special units such as musical or performance groups, animal
zoos or shows, bleachers, canopies, tents, banners, inflatables, generators
and the like;
E.
An
agreement that the City shall be compensated for any damage to public
property, and that the site shall be cleaned and restored to the condition
in which it was found prior to the holding of the specific event;
F.
Such
other information as requested by the Director;
G.
Said
application shall be signed by the applicant under penalty of perjury.
(3608-6/03)
If such specific event is designed to be held by, on behalf
of or for any organization other than the applicant, the applicant
for such permit shall file a communication in writing from such organization,
authorizing the applicant to apply for such permit on its behalf.
(3608-6/03)
There is hereby established a Specific Events Committee, an
internal staff working group composed of representatives of pertinent
City departments to discuss the permitting of and any logistical requirements
for each proposed event and manage an annual calendar of approved
specific events and City resources. The Committee may consult with
community organizations, as necessary.
There is hereby established a Specific Events Executive Council
Committee as a Council standing committee, comprised of three City
Council members to review and recommend overall policy on Specific
Events based on the City Council's priorities. The Community and Library
Services Department shall provide staff support to this Council Committee,
who shall meet quarterly or as needed.
(3608-6/03, 4301-11/23)
Within 30 business days of the filing of the permit application
with the Community and Library Services Department, the Director shall
either issue the permit, deny the permit, or refer the permit application
to the Specific Events Committee for further review.
(3608-6/03, 4301-11/23)
No action on the part of the Director within 30 business days
of the filing of the permit application shall be deemed a denial.
(3608-6/03)
At any time, the Director may refer any permit application to
the Specific Events Committee for further investigation of the activity
proposed to be conducted, the persons involved, and other facts. The
Specific Events Committee shall conduct a hearing on the application
within 60 days after notification of referral of the permit application,
after which hearing the Specific Events Committee shall recommend
to the Director to issue or deny the permit.
(3608-6/03)
The granting or denial of any permit or part thereof by the
Director shall be final unless a written appeal is filed as provided
elsewhere in this chapter. Failure to file an appeal within such 10
calendar day period, shall constitute a waiver of the right to such
appeal.
(3608-6/03)
A.
Any application received after the deadlines established in Section 13.54.040 is a late application. The Director may consider any permit application filed less than 90 days prior to the time requested for holding a specific event.
B.
The
Director shall accept a late application if he or she finds that:
C.
If the Director finds both of the conditions of subsection B are present, he or she shall accept and process the specific event application in accordance with this chapter, unless it does not meet the criteria set forth in Section 13.54.040, violates Section 13.54.140, or there is insufficient time for the City to make necessary preparations for traffic control or to protect the public safety prior to the proposed date.
(3608-6/03, 4202-3/20)
Prior to the issuance of a permit, the Specific Events Committee
may require:
A.
In
lieu of an agreement to compensate the City for loss or damage to
public property, the deposit of cash, check or money order in an amount
sufficient to guarantee the cleaning up of the site and the removal
of any debris left as a result of the holding of a specific event.
If it is determined that such specific event will warrant the presence
of City personnel, the Director shall also require payment in full
prior to issuance of a permit.
B.
That
the applicant provide public liability insurance and property damage
insurance, including products liability coverage, workers compensation
insurance, and a separate additional insured endorsement written by
an insurance company acceptable to the City in the minimum limits
as set by resolution of the City Council.
(3608-6/03)
As a condition to granting such permit, the Director may impose
reasonable terms and regulations concerning the time and place of
such specific event; the area and manner of conducting such specific
event; the maximum number of persons participating therein; the use
of amplified music; the regulation of traffic, if required, including
the number and type of vehicles; the number and type of signs, banners,
and barricades to be provided by applicant, if any, together with
a plan of disposition attached to the application; whether alcohol
shall be allowed; and such other requirements as they may find reasonable
and necessary for the protection of persons and property. Any change
in the approved plan must be submitted to the Community and Library
Services Department and approved by the Director 14 days in advance
of the event. All applicable fees shall be paid at least 30 days prior
to such event.
(3608-6/03, 4301-11/23)
A.
No
person, unless authorized by a valid permit or license from a government
agency, shall carry or possess the following items or articles while
attending or participating in any parade, demonstration, rally, protest,
picket line, public assembly or other specific event:
1.
Weapons
such as firearms, knives, swords, sabers or other bladed devices,
axes, hatchets, ice picks, razor blades, nunchucks or martial arts
weapons of any kind, box cutters, pellet or BB guns, conducted electrical
weapons (CEWs), including, but not limited to, Tasers or stun guns,
metal/composite/wooden knuckles, or any chain greater than 20 inches
in length or greater than one-fourth inch in diameter. This subsection
also includes toy or replica firearms unless such toy or replica is
florescent colored or transparent;
2.
Baseball
or softball bats, regardless of composition or size;
3.
Any
lengths of lumber or wood, regardless of dimension;
4.
Any
length of metal or plastic pipe;
5.
Any
aerosol spray, tear gas, mace, pepper spray or bear repellant;
6.
Any
projectile launcher or other device, such as a catapult or wrist rocket,
which is commonly used for the purpose of launching, hurling or throwing
any object, liquid, material or other substance, whether through force
of air pressure, spring action or any other mechanism;
7.
Balloons,
bottles or any other container such as water cannons or super-soakers,
filled with any flammable, biohazard or other noxious matter which
is injurious, or nauseous, sickening or irritating to any of the senses,
with intent to throw, drop, pour, disperse, deposit, release, discharge
or expose the same in, upon or about any demonstration, rally, protest,
picket line or public assembly;
8.
Glass
bottles, whether empty or filled;
9.
Open
flame torches, lanterns or other devices that utilize combustible
materials such as gasoline, kerosene, propane or other fuel sources;
10.
Shields made of metal, wood, hard plastic or any combination thereof;
11.
Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings.
B.
Notwithstanding subsection A, signs, posters, banners, plaques or notices may be carried and presented during the specific event, provided they are constructed solely of soft material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than one-fourth inch in thickness. Signs, posters banners, plaques and notices may be mounted on any length of lumber, wood, or wood lath that is less than one-fourth inch or less in thickness and two inches or less in width, or if not generally rectangular, it shall not exceed three-fourths inch in its thickest dimension. Alternatively, the signs, posters, banners or notices may be mounted on solid or hollow plastic pipe not exceeding three-fourths inch in its thickest dimension and not exceeding one-eighth inch in wall thickness, and not filled with any material, liquid, gas or solid. Both ends of any wood or plastic pipe permissible under this subsection shall be blunt.
C.
When
feasible, excluding exigent circumstances, law enforcement personnel
shall issue a warning before enforcing the provisions of this section.
Such warning shall be sufficient if provided orally, by posted signs
or by amplified announcement.
D.
Authorized
peace officers, or employees, agents or representatives of a government
agency, shall be exempt from the provisions of this section when such
officers, employees, agents or representatives of the said government
agency are engaged in official business of the government agency.
In addition, persons permitted or authorized by a government agency
through a valid official permit or license to carry concealed weapons,
are also exempt from this section.
E.
Nothing
in this section shall prohibit an individual from carrying a cane
or using a walker or other device necessary for providing mobility
so that the person may participate in a public protest, demonstration,
rally, picket line or public assembly.
(4202-3/20)
The Director, upon recommendation of the Specific Events Committee
shall not issue any permit if any of the following conditions exist:
A.
The
application is not on the form provided or does not contain the required
information;
B.
The
applicant has knowingly made any false, misleading, or fraudulent
statement of material fact in the application for a permit;
C.
The
building, structure, equipment, or location of such specific event
does not comply with or fails to meet all of the health, zoning, fire
and safety requirements or standards of all of the ordinances of the
City of Huntington Beach or the State of California applicable thereto;
D.
The
activity or location of the activity is such as to interfere with
or unreasonably obstruct the free flow of vehicular traffic or other
means of travel on any public street, or with pedestrian traffic on
the sidewalk;
E.
Proof
of insurance required by this chapter as a prerequisite to the holding
of a specific event has not been filed with the City;
F.
The
conduct of the specific event will be contrary to law;
G.
Applicant
has had a similar specific event permit denied for good cause within
one year prior to the application, and can show no material change
in circumstances since such denial;
H.
Applicant
refuses to agree to, abide by or comply with all conditions and regulations
attendant upon such specific event permit;
I.
Such
specific event will interfere or conflict with another specific event
for which a permit has already been issued, or will interfere or conflict
with another specific event for which no permit is required by this
Code;
J.
Applicant
has failed to pay the assigned fees or failed to meet any other conditions
imposed by the Director.
(3608-6/03)
A specific event permit shall contain the following:
A.
The
name of the person or organization to whom issued;
B.
The
name and telephone number of the individual on-site contact person;
C.
The
date, hour and location for the specific event; and
D.
Any
on-site conditions imposed on the holding of such specific event.
(3608-6/03)
A permit for a specific event issued hereunder, shall be summarily
suspended or revoked by the Director at any time when there is reasonable
cause to believe that any of the grounds exist for which the original
application for permit would have been denied.
(3608-6/03)
An appeal from suspension, revocation or denial of a permit,
or conditions imposed thereupon by the Director, may be made to the
City Manager within 10 calendar days after service of notice of such
action on the applicant or permittee. Such appeal shall be in writing,
setting forth fully the grounds upon which the appeal is based, and
shall be filed with the City Clerk who shall forward copies to the
City Manager, and the Director. The Director shall submit to the City
Manager the record of the case appealed. The City Manager shall rule
on the appeal within 10 calendar days after receipt of such record
from the Director. The decision of the City Manager may be appealed
to the City Council. Such appeal shall be filed with the City Clerk
within 10 calendar days of receipt of the decision of the City Manager.
(3608-6/03)
A.
Within
60 days after filing a written appeal from the suspension, revocation,
or denial of a permit with the City Clerk, the City Council shall
consider the appeal at a regular meeting. Written notice of the time
and place the City Council will consider the appeal shall be mailed
by the City Clerk to the person who filed the appeal at least 10 days
before the date set for hearing unless the applicant/permittee shall
waive notice in writing.
B.
In
any appeal, the City Council shall consider the application, the record
of the case submitted by the Director and other pertinent information
presented, and may grant or deny the permit subject to the conditions,
terms and regulations set forth in this chapter. The decision of the
City Council shall be final.
C.
The
City Clerk shall, within three days after decision of the City Council,
notify the applicant/permittee in writing of the decision of the City
Council.
(3608-6/03)
No permit shall be required under this chapter with respect
to:
A.
Any
specific event sponsored by, or held under the auspices of, the City
of Huntington Beach;
B.
Any
bona fide funeral procession, the purpose of which is to transport
the remains of a deceased person to a place of burial or cremation.
(3608-6/03)
No person shall knowingly join or participate in any specific
event in violation of any of the terms, conditions, or regulations
of the permit issued therefor, or knowingly join or participate in
any specific event without the consent and over the objection of the
permittee or in any manner interfere with the orderly conduct of such
event. For purposes of this chapter, "interfere" shall mean:
A.
Placing
furniture or erecting booths or stands within 20 feet of the area
designated for use by the permittee only; or so as to obstruct the
view of audience members, after having first been warned;
B.
Operating
a radio, loudspeaker, or other similar device, whistle, or other machine
or musical instrument without permission from the permittee;
C.
Making
noise, including yelling and screaming, either at a volume higher
than that of the event or in a manner so as to disturb the peace of
others, after having been warned;
D.
Entering
upon the stage or otherwise joining a performance without permission
of the permittee;
E.
Disrobing
or engaging in other conduct which disrupts the event, after having
been warned.
(3608-6/03)
No person shall stop, let stand, or park any vehicle, for the
purpose of selling, or offering for sale there from, any goods, wares
or merchandise on any street on a parade route.
(3608-6/03)
This chapter shall be enforced by the Director, as well as by
peace officers having jurisdiction of any area in which a violation
of any provision of this title takes place.
(3608-6/03)
The permittee shall follow all conditions as set forth in the
permit.
(3608-6/03)
Any person violating this chapter shall be guilty of a misdemeanor,
punishable by a fine of $1,000.00 or by imprisonment in the county
jail for a period not to exceed six months, or by both such fine and
imprisonment.
(3608-6/03)
