This chapter establishes the standards for the issuance of a
permit for parades, assemblies and other special events in the city.
(Ord. 1247 § 6(part),
2003; prior code § 4B-1; Ord. 757 § 2(part), 1987)
The following words and phrases whenever used in this chapter
shall be construed as defined in this section.
means any person or organization who seeks a special event
permit from the city clerk to conduct or sponsor an event governed
by this chapter.
means the gathering of more than ten persons for the purpose
of deliberation and/or demonstration.
means the city council of the city of Manteca.
means a street fair, art and craft show, carnival, soap box
derby, rally and other special events which occur on a city street,
sidewalk or other city-owned land and improvements which obstructs,
delays or interferes with the normal flow of pedestrian or vehicular
traffic, or does not comply with traffic laws and controls.
means a march or procession consisting of persons, animals
or vehicles, or combination thereof, on any city street, sidewalk
or other city-owned land and improvements which obstructs, delays
or interferes with the normal flow of pedestrian or vehicular traffic,
or does not comply with traffic laws or controls.
means the non-refundable fee to be paid by the special event
permit applicant to cover the full costs (or a portion thereof) of
processing and investigating special event applications, and administering
the special event permit program.
means any person or organization who has been issued a special
events permit by the city council.
means that portion of a street between the curbline and the
adjacent property line intended for the use of pedestrians.
has the same meaning as in subsection G of Section 12.04.010.
(Ord. 1247 § 6(part),
2003; prior code § 4B-2; Ord. 757 § 2(part), 1987)
Any person desiring to sponsor a parade, assembly or other special
event on a city street, sidewalk or other city-owned land and improvements
in the city shall first obtain a special event permit from the city
clerk. A special event permit is not required for the following:
A.
Funeral
processions;
B.
Parades
involving a total of ten or fewer pedestrians marching along a parade
route which is restricted to marching on sidewalks, and crossing streets
only at pedestrian crosswalks in accordance with traffic regulations
and controls.
(Ord. 1247 § 6(part),
2003; prior code § 4B-3; Ord. 757 § 2(part), 1987; Ord. 953 § 2(part), 1993; Ord. 1408 § 1, 2008)
Any person desiring to sponsor a parade, assembly or other special event not exempted by Section 12.16.030 shall apply for a special event permit by filing a verified application with the city clerk on a form supplied by the city clerk not less than thirty days nor more than one hundred eighty days before the event date.
(Ord. 1247 § 6(part),
2003; prior code § 4B-4; Ord. 757 § 2(part), 1987; Ord. 1408 § 2, 2008)
The application for a special event permit shall provide the
following information:
A.
All
events:
1.
The
name, address and telephone number of the applicant and an alternative
contact person;
2.
If
the event is proposed to be sponsored by an organization, the name,
address and telephone number of the organization, the authorized head
of the organization, and written authorization to apply for the special
event permit by an officer of the organization;
3.
The
name, address and telephone number of the person who will be present
and in charge of the event on the day of the event;
4.
The
nature/purpose of the event;
5.
Date
and time (starting and ending) of the event;
6.
Location
of the event, including its boundaries;
7.
Estimated
number of participants in the event;
8.
The
type and number of vehicles, animals and structures which will be
used at the event. Whether there will be water aid stations at the
event;
9.
Description
of any sound amplification equipment which will be used at the event;
10.
Whether any food or beverages will be sold at the event;
11.
Whether monitors will be employed at the event;
12.
Parking requirements for the event;
B.
Additional
information required for parades, and other events occurring along
a route:
1.
The
assembly point for the event, the time at which units of the parade
or other event will begin to assemble;
2.
The
route to be traveled;
3.
Whether
the parade or other event will occupy all or only a portion of the
streets proposed to be transverse;
4.
Maximum
length or components of parade in miles or portions thereof;
5.
The
number, type, size and material of any floats or banners.
C.
Supplemental
Information. Such supplemental information as the city clerk shall
find necessary, under the particular circumstances of a special event
application, to supply the city clerk with sufficient information
to determine whether to approve or conditionally approve an application.
(Ord. 1247 § 6(part),
2003; prior code § 4B-5; Ord. 757 § 2(part), 1987)
The city clerk shall approve, conditionally approve or deny an application for the grounds specified in Section 12.16.070. Notice of the city clerk's decision shall be mailed to the applicant's address. If the application is denied, the notice shall state the grounds for the denial in writing, or the reasons for a change in the date, time, route or location of the event.
(Ord. 1247 § 6(part),
2003; prior code § 4B-6; Ord. 757 § 2(part), 1987)
A.
The
city clerk shall approve an application for a special event permit
unless it determines from consideration of the application, and other
pertinent information, that any of the following conditions exist:
1.
Information
contained in the application, or supplemental information requested
from the applicant, is found to be false in any material detail.
2.
The
applicant fails to complete the application form after having been
requested to do so.
3.
The
sole purpose of the event is advertising of any product, goods, wares,
merchandise or event, and is designed to be held for private profit.
4.
Another
special event permit application has been received prior in time,
or has already been approved to hold another event at the same time
and place requested by the applicant, or so close in time and place
as to cause undue traffic congestion, or the police department is
unable to meet the needs for police services for both events.
5.
The
time, route or size of the event will substantially interrupt the
safe and orderly movement of traffic contiguous to the event site
or route, or disrupt the use of a street at a time when it is usually
subject to great traffic congestion.
6.
The
concentration of persons, animals and vehicles at the site of the
event, or the assembly and disbanding areas around an event, will
prevent proper police, fire or ambulance services to areas contiguous
to the event.
7.
The
size or nature of the event will require the assignment of so great
a number of city police officers to properly police the line of movement
of an event, or the boundaries or areas contiguous to an event, as
to prevent normal police protection to the rest of the city. Nothing
in this section authorized denial of a permit because of the need
to protect participants from the conduct of others, if reasonable
permit conditions can be imposed to allow for adequate protection
of event participants with the number of police officers available
to police the event.
8.
The
location of the event will substantially interfere with any construction
or maintenance work scheduled to take place upon or along the city
streets or a previously granted encroachment permit.
9.
The
event shall occur at a time when a school is in session at a route
or location adjacent to the school or class thereof, and the noise
created by the activities of the event would substantially disrupt
the educational activities of the school or class thereof.
B.
When the grounds for denial of an application for permit are any of those specified in subdivisions 4 through 9 of subsection A of this section, can be corrected by altering the date, time duration, route or location of the event, the city clerk shall instead of denying the application conditionally approve the application upon the applicant's acceptance of conditions for permit issuance.
(Ord. 1247 § 6(part),
2003; prior code § 4B-7; Ord. 757 § 2(part), 1987)
The city clerk may condition the issuance of a special events
permit by imposing reasonable requirements concerning the time, place
and manner of the event, and such requirements as are necessary to
protect the safety of persons and property, and the control of traffic;
provided, that such conditions shall not unreasonably restrict the
right of free speech. Such conditions include:
A.
Alteration
of the route, time or location of the event proposed on the event
application;
B.
Conditions
concerning the area of assembly and disbanding of parades or other
events occurring along a route;
C.
Conditions
concerning accommodation of pedestrian or vehicular traffic, including
restricting the event to only a portion of a street transversed;
D.
Requirements
for the use of traffic cones or barricades;
E.
Requirements
for provision of first aid or sanitary facilities;
F.
Requirements
for use of event monitors, and providing notice of permit conditions
to event participants;
G.
Restrictions
on the number and type of vehicles, animals or structures at the event,
and inspection and approval of floats and other decorated vehicles
for fire safety by the Manteca fire department;
H.
Requirements
for use of garbage containers, cleanup and restoration of city property;
I.
Restrictions
on use of amplified sound;
J.
Requiring
proof of permission to use private property for a portion of the event.
(Ord. 1247 § 6(part),
2003; prior code § 4B-8; Ord. 757 § 2(part), 1987)
The city clerk shall issue the special events permit once the
application has been approved, and the applicant has agreed in writing
to comply with the terms and conditions of the permit, if any, and
the following sections of this chapter have been complied with:
(Ord. 1247 § 6(part),
2003; prior code § 4B-9; Ord. 757 § 2(part), 1987)
Prior to the issuance of a special event permit, the permit
applicant and authorized officer of the sponsoring organization (if
any), must sign an agreement or reimburse the city for any costs incurred
by it in repairing damage to city property in connection with the
event proximately caused by the action of the permittee/sponsoring
organization, its officers, employees or agents, or any person who
was or reasonably should have been under the permittee's sponsoring
organization's control. The agreement shall also provide that the
permittee/sponsoring organization shall defend the city against, and
indemnify and hold the city harmless from, any liability to any persons
resulting from any damage or injury in connection with the event proximately
caused by the actions of the permittee/sponsoring organization, its
officers, employees or agents, or any person who was or reasonably
should have been under the permittee's/sponsoring organization's control.
(Ord. 1247 § 6(part),
2003; prior code § 4B-10; Ord. 757 § 2(part), 1987)
A.
The
applicant/sponsor of an event must possess or obtain liability insurance
to protect against loss from liability imposed by law for damages
on account of bodily injury and property damage arising from the event.
Such insurance shall name on the policy or by endorsement as additional
insureds the city, its officers, employees, agents and volunteers.
Insurance coverage must be maintained for the duration of the event.
B.
Coverage
shall be provided by a comprehensive general liability insurance policy
in the amount of two hundred fifty thousand dollars. If food or nonalcoholic
beverages will be sold or distributed at the event, the comprehensive
general liability coverage must include products liability coverage.
If alcoholic beverage will be sold or distributed at the event, the
policy must also include coverage for liquor liability.
C.
A certificate
of insurance along with all necessary endorsements must be filed with
the permit application. A copy of the policy may be requested and
shall be submitted prior to approval of application.
D.
The insurance requirements of subsections A, B and C of this section shall be waived by the city clerk if the following conditions are satisfied:
1.
The
applicant or an officer of the sponsoring organization signs a statement
verified in compliance with the provisions of California Code of Civil
Procedure, Section 2015.0; setting forth the following:
a.
A current financial statement setting forth the net worth of the
applicant/sponsoring organization;
b.
A current income and expense statement of the applicant/sponsoring
organization;
c.
The following statement:
The least expensive quote for the cost of the insurance required to comply with the provisions of Section 12.16.110 of the Manteca city code exceeds five percent of the applicant/sponsoring organizations net worth or two and one-half percent of the applicant/sponsoring organizations annual income.
d.
The name, address and phone number of at least three insurance brokers
from whom the applicant/sponsoring organization received quotes and
the amount of premium quoted by each; and
2.
The
city clerk finds that waiver of the insurance requirement will not
result in the cancellation of any existing city general liability
insurance policy or joint power insurance agreement.
(Ord. 1247 § 6(part),
2003; prior code § 4B-11; Ord. 757 § 2(part), 1987)
A.
The
applicant/sponsor of an event involving the sale of food or beverages,
the erection of structures, the use of horses or other large animals,
or water aid stations will be required to provide a cleanup deposit
prior to the issuance of special event permit in an amount set by
the director of finance. The cleanup deposit shall be returned after
the event if the area used for the permitted event has been cleaned
and restored to the same condition as existed prior to the event.
B.
If
the property used for the event has not been properly cleaned or restored,
the applicant/sponsor shall be billed for the actual cost by the city
for cleanup and restoration, and the cleanup deposit (or a portion
thereof) shall be applied to payment of the bill. If the applicant/sponsor
disputes the bill, he or she may appeal to the director of finance
within five days after the receipt of the bill. Should there by any
unexpended balance on deposit after completion of the work, this balance
shall be refunded to the applicant/sponsor.
(Ord. 1247 § 6(part),
2003; prior code § 4B-12; Ord. 757 § 2(part), 1987)
A.
Assignment
of police officers for traffic control. The police chief may require
the assignment of overtime officers to provide traffic control at
the event. Traffic control by officers includes clearing the event
route or site of unauthorized vehicles, diversion of traffic around
the event and direction of pedestrian and vehicular traffic along
the route of the event.
B.
Payment
and computing of traffic control fees. If overtime officers will be
assigned for traffic control at the event, the applicant/sponsor of
the event shall be required to prepay the estimated costs of providing
the officers prior to the issuance of the event permit. The traffic
control fees will be computed by determining the number of police
officers who will be required for traffic control, the number of hours
the officers will be on duty, and the city's full costs of providing
officers on an hourly basis as established by city fee schedule.
C.
An
applicant may request assignment of officers. An applicant may request
assignment of overtime officers for policing and/or traffic control
at the event. Assignment of overtime officers at the request of an
applicant/sponsor is discretionary with the police chief and is subject
to availability of overtime officers. The applicant/sponsor shall
be required to prepay the estimated costs of providing the officers
prior to the issuance of the event permit.
D.
Billing and refunds. If the actual costs to the city of providing police officers pursuant to subsections B or C of this section on the day of the event is in excess of the applicant/sponsor's police fee deposit, the applicant/sponsor shall be billed for the difference. If the actual costs of providing police services pursuant to subsections B or C of this section is less than the applicant/sponsors deposit, the applicant/sponsor shall be refunded the difference.
E.
Pre-established
routes. The city clerk may determine certain pre-established routes
for parades and other special events within the city, and predetermine
the number of officers required for traffic control along those routes.
(Ord. 1247 § 6(part),
2003; prior code § 4B-13; Ord. 757 § 2(part), 1987)
A.
Each
permittee/sponsor of an event shall comply with all terms, and conditions
of the special event permit.
B.
Each
permittee/sponsor of an event shall ensure that the person leading
a parade or other event along a route, or the person in charge of
any other event carries the special event permit on his or her person
for the duration of the event.
C.
Each
permittee/sponsor of an event shall ensure the area used for the permitted
event is cleaned and restored to the same condition as existed prior
to the event, immediately following the completion of the event.
(Ord. 1247 § 6(part),
2003; prior code § 4B-14; Ord. 757 § 2(part), 1987)
It is unlawful and a misdemeanor for any person to sponsor or
conduct a parade, athletic event or other special event requiring
a special event permit unless a permit has been issued for the event.
It is unlawful and a misdemeanor for any person to participate in
such an event with the knowledge that the sponsor of the event has
not been issued the required permit. It is unlawful and a misdemeanor
for any person to interfere with or disrupt a lawful parade, assembly
or other special event.
(Ord. 1247 § 6(part),
2003; prior code § 4B-15; Ord. 757 § 2(part), 1987)
The special event permit authorized the permittee/sponsor to
conduct only such event as is described in the permit, and in accordance
with the terms and conditions of the permit. It is unlawful for the
permittee/sponsor to willfully violate the terms and conditions of
the permit, or for any event participant with knowledge thereof, to
willfully violate the terms and conditions of the permit.
(Ord. 1247 § 6(part),
2003; prior code § 4B-16; Ord. 757 § 2(part), 1987)
Any action by the city clerk under this chapter may be appealed
to the city council. The city clerk shall publish notice of any decision
granting the permit in the Manteca Bulletin, with an appeal period
designated at least ten days from the date of publication. Any decision
may be appealed to the city council by any person. The appeal must
be filed, in writing, with the city clerk within the designated timeframe,
and must be accompanied by the filing fee established from time-to-time
by resolution of the city council. The appeal shall be heard at a
public hearing. The decision of the city council shall be final.
(Ord. 1247 § 6(part),
2003; Ord. 1408 § 3, 2008)
