The city council finds that the adoption of the ordinance codified in this chapter would enhance the protection of the citizens of the state of California and the city by ensuring the equal and unimpeded access to the city streets, highways and right-of-way for travel and transportation.
(Ord. 665 § 2, 2001)
Pursuant to the authority contained in this Code, the California Vehicle Code Section 21 and Section 21100 (a), and the authority conferred by Article XI, Section 7 of the California Constitution, it is unlawful for any person to obstruct or cause the closure of any city street, highway or city right-of-way, at any time, unless a temporary use permit as described in the following sections of this chapter, regulating such closure, has first been applied for and approved by the city manager or his or her designee.
(Ord. 665 § 3, 2001)
No temporary use permit shall be issued authorizing the conduct of an event including an athletic event, parade or motorcade which the city manager finds is proposed to be held for the sole purpose of the advertising of any product, goods, wares, merchandise or event, and is designed to be held purely for private profit.
(Ord. 665 § 4, 2001)
Any person violating this provision shall be guilty of a misdemeanor punishable by either six months in jail or a fine not to exceed one thousand dollars, or by such fine and imprisonment to the extent permitted by California Law.
(Ord. 665 § 5, 2001)
An application for temporary use permit shall be made on forms furnished by the city manager or his or her designee, shall be submitted no less than thirty days prior to the event nor more then ninety days prior to the event, shall be signed under penalty of perjury by an authorized representative of the applicant organization and shall require the following information:
A. 
The name, mailing address, and telephone number of the organization applying for and conducting the event requiring the temporary closure and use of the public right-of-way;
B. 
The name of the event, including names of each sponsoring or sanctioning organization;
C. 
The route whether for an athletic event, parade or motorcade including the location of the assembly area and of the disbanding area;
D. 
The proposed date and starting time for the event;
E. 
The estimated completion time of the event;
F. 
The estimated number of entrants or attendees including the proposed number and size of the units in the parade or motorcade and a description of any sound amplification equipment to be used;
G. 
Prior permits held by any named organization and whether such permits were ever revoked or suspended and the reasons therefore;
H. 
The business tax certificate number of the applicant organization, or letter granting tax exempt status to the applicant organization.
(Ord. 665 § 6, 2001)
The city manager or his or her designee shall issue a temporary use permit for the event requiring the temporary closure of public streets, highways or the temporary use of the right-of-way as set forth in the application. Issuance of the temporary use permit shall be conditioned upon the applicant's agreement to comply with the terms of such permit and upon the following findings by the city manager or his or her designee:
A. 
If the application is complete and truthful;
B. 
That the event will be conducted in accordance with all laws of the city and state;
C. 
That the conduct of the event will not require police protection in excess of what the city can reasonably provide;
D. 
That the operation of the event at the locations specified in the application will not present any substantial hazard to vehicular or pedestrian traffic, nor impeded the movement of emergency vehicles;
E. 
That the applicant has not had a permit issued under this section revoked unless the city manager finds that the reasons for such revocation are unrelated to this application;
F. 
That the parade is not being held for the sole purpose of advertising any products, goods, wares, merchandise or event or purely for private profit.
G. 
That the conduct of the event will not constitute an unreasonable burden on city employees or resources or create an unreasonable disturbance to the neighboring areas;
H. 
That the event will move from its starting point to its finish point expeditiously;
I. 
That the event will not interfere with, or conflict with, another event for which a permit has been issued or for which no permit is required.
(Ord. 665 § 7, 2001)
A permit for the temporary closure of public streets, highways or the temporary use of right-of-way is required and shall be issued by the city Manager or the manager's designee subject to Section 10.56.060 of this chapter, and subject to the following permit requirements and any additional conditions that may be prescribed by the city to meet the health, safety and security of the citizens of the city and the state of California who are entitled to use such streets, highways and right-of-way.
A. 
The specific period of the closure shall be stated on the permit;
B. 
Adequate provisions for traffic control, circulation, parking and pedestrian safety shall be provided and subject to the approval of the city engineer and policing agency;
C. 
Adequate emergency access and through-route shall be provided as approved by the fire department;
D. 
All requirements of the public works department shall be complied with throughout the duration of the closure or use, including but not limited to signage, barricades and staffing of closure points;
E. 
A certificate of insurance shall be submitted to the city manager or the manager's designee, naming the city and its employees as additional insureds and providing for not less than one million dollars in general liability coverage, prior to the issuance of the permit;
F. 
The cost of involvement by city personnel shall be paid by the applicant. The applicant shall have the option to pay a deposit to cover the estimated cost of involvement by city personnel prior to the issuance of the permit. Upon completion of the event, the city will, within twenty working days, either refund any unused portion of the initial deposit or require payment of any additional expenses incurred. Alternatively, the applicant may elect not to make an initial deposit whereupon completion of the event, the city will, with-in twenty working days, send an invoice to the applicant setting forth the amount owed by the applicant to the city for expenses incurred relative to the event.
G. 
Provide proof of compliance with all other city department requirements and permits prior to issuance, if applicable.
(Ord. 665 § 8, 2001)
Should a permit application be properly submitted, and in all respects comply with the provisions set forth in the preceding section and thereafter be denied, the permittee may appeal such decision to the city council, within twenty days of the denial by giving notice of the appeal to the city manager or the manager's designee and posting the appeal fee of one hundred fifty dollars. The matter shall be heard by the city council within thirty days of the notice of appeal, subject to all public hearing notice provisions required by law. The city council shall conduct an administrative hearing in accordance with the rules for such hearings as provided by the state of California. The decision of the city council to sustain or overrule the denial shall be final. A decision of the city council overruling the denial shall result in a refund of the appeal fee to the applicant.
(Ord. 665 § 9, 2001)