The purpose of this chapter is to recognize the significant community benefits that can result from special events, and provide a mechanism to help minimize and control the disruption to the affected areas. The intent is to assure that the City has timely notice of proposed events in order to give the City and its emergency service providers the ability to ensure the adequate public safety, traffic control, parking, sanitation, and any other unusual requirements can be met to provide a safe and enjoyable experience for both citizens and visitors.
The following terms and phrases, whenever used in this chapter, shall have the following meanings:
"Applicant"
means any person or organization seeking a permit for a special event.
"Permit"
is written authorization issued by the City of Blue Lake authorizing the special event and any conditions relating to the special event.
"Permittee"
means any person or organization issued a special event permit.
"Special event"
shall mean any activity on public or private property that, due to the anticipated amount of attendees or the nature of the event, is not compatible with the generally intended use of the property for which it is proposed and is characterized by any of the following:
1. 
Requires City services to ensure compliance with state or local laws;
2. 
Involves use of City-owned or managed property such as public streets, sidewalks, parking lots, plazas or other City-owned or managed open spaces;
3. 
Involves closure, or partial closure, of any public right-of-way, or requires traffic control procedures necessitating the involvement of police or street maintenance personnel;
4. 
Impairs emergency vehicle access or requires the attendance of emergency personnel at the event; or
5. 
Results in impacts to adjacent public or private property because of, for example, the use of live or amplified entertainment or the anticipated impacts on parking. Uses that are already permitted under the zoning ordinance, such as nightclubs, banquet facilities and assembly halls, are not included in the definition of special event, unless the impact of an event is greater than the impact anticipated under the permitted zoning.
Examples of special events include, but are not limited to, marches, fun runs, roadway foot races, fundraising walks, bike events, parades, carnivals, gymkhanas, exhibitions, pageants, farmers' markets and other street fairs.
No person or organization shall organize, conduct, or implement a special event without first being issued a special event permit by the City of Blue Lake.
When conducted entirely on private property, the following are not considered special events:
A. 
Dances and other events conducted by schools, churches or lodges on school, church or lodge property;
B. 
Temporary sales conducted by businesses, such as holiday sales, grand-opening sales or anniversary sales when conducted entirely upon or within the business' existing location;
C. 
Garage and rummage sales on private property;
D. 
Lawful picketing on sidewalks; and
E. 
Other events and activities which do not meet the definition of special event set forth in Section 9.20.020. Funeral processions are not special events.
A. 
Any person or organization wishing to conduct or organize a special event must file a written application for permit with the City of Blue Lake at least 30 days prior to the special event. The City may consider an application after the filing deadline if there is sufficient time to process and investigate the application, and the applicant shows good cause for not filing by the deadline.
B. 
The application shall be accompanied by a nonrefundable application fee in the amount set from time to time by City Council resolution. No applicant shall be required to pay the application fee if the activity proposed for the special event is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the fee provision is impossible or so financially burdensome that it would preclude the proposed special event from occurring.
C. 
The application shall be in the form specified by the City and shall include, at a minimum:
1. 
The applicant's or contact person's name, phone number, and address; including phone numbers and contact information by which the responsible individual can be reached during the operation of the event. If the special event will be conducted for, on behalf of, or by an organization(s), the name, address, telephone number of the authorized head of such organization and the names and addresses of the executive officers of such organization;
2. 
The name, address, telephone number and signature of the property owner(s) on whose property the event will be conducted, unless the property is owned by the City;
3. 
The name, address and telephone number of all persons who are or will be responsible for the promotion and conduct of the special event, including a photo identification of each and effective means by which to reach them during the event, such as cell phone and pager numbers, and likely location of each responsible person during the special event;
4. 
A full and complete narrative including a description of the activities included in the special event, the location of the special event, and the prime purpose of the special event;
5. 
The plans and location of any structure to be erected or employed in connection with the special event;
6. 
A site plan depicting the boundaries of the event site, the location of event features (such as booths, stages, restrooms, food and beverage areas, waste facilities, electrical power and water facilities) required for the special event and parking areas to be used for the event;
7. 
An estimated number of people who are expected to attend the special event;
8. 
The date(s) of the event, including assembly and disassembly involving the use of public property;
9. 
The estimated times that the special event will start and terminate, including assembly and disassembly involving the use of public property;
10. 
For special events occurring in the public right-of-way, the locations of the assembly and dispersal areas, the maximum length of the use of the public right-of-way at any given time, and whether the special event will occupy all or only a portion of the public rights-of-way proposed to be traveled upon;
11. 
The number and kind of vehicles, animals, tents, structures, stages, musical instruments, sound units, and any other equipment, including equipment that produces sound or noise during the special event and whether amplified sound is proposed to be used. In the event the applicant seeks a temporary food permit, a temporary liquor license or a temporary structure permit, the application should be accompanied by copies of the applications for such permits or licenses;
12. 
The number and location of portable sanitation facilities, garbage and recycling services, and other equipment and services proposed for participants, if applicable;
13. 
A description of arrangements that have been made for first aid, or emergency medical services, or both, if applicable;
14. 
A description of arrangements that have been made for security, including the name and telephone number of the lead contact person for the security contractor;
15. 
Insurance information and documentation, if required; and
16. 
Such other information as the City may reasonably require to determine whether the application and proposed use meet all of the requirements of the permit and ensure the health, safety and welfare of the public.
A. 
After receiving the application for the special event permit, City of Blue Lake staff shall refer the application to other City departments for review, and schedule a meeting of City staff and the applicant, if needed, to discuss the event and appropriate conditions for issuing the permit. After review, the City may impose conditions when issuing the permit to protect the health, safety and welfare of the public.
B. 
The City Manager shall issue a permit for a special event unless he or she determines that one or more of the following conditions exist:
1. 
The application is incomplete for failure to provide the information required by Section 9.20.050(C);
2. 
The applicant has not tendered the required application fee or insurance certificate and endorsement(s), unless such tender has been waived as set forth in this chapter;
3. 
The information contained in the application, including supplemental information provided, if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the City requirements for a permit;
4. 
A special event permit has been issued and/or a prior application for a special event has been received for an event to be held at the same time and place;
5. 
The special event will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial collector street of the City;
6. 
The special event will unreasonably interfere with fire or police protection, including presenting a substantial traffic or safety hazard;
7. 
Event sizes or durations will require diversion of so great an amount of City safety services, it would divert an undue amount of resources from other City needs, particularly of safety services to other areas of the City;
8. 
The security arrangements that have been made are inadequate;
9. 
The special event is deemed to have adverse impacts to a residential area;
10. 
If the special event is proposed to be held on public property, the proposed special event would conflict with a previously scheduled and planned event or activity organized by the City for the same time and place as the proposed special event;
11. 
The applicant, or person named in the application, or the organization on whose behalf the application is submitted has, on prior occasions, damaged City property and has not paid in full for such damages, or has other outstanding and unpaid debts to the City;
12. 
The applicant is legally incompetent to contract or to sue and be sued; or
13. 
The applicant fails or refuses to comply with any permitting requirements or conditions of approval.
C. 
The applicant shall be notified in writing of the action by the City Manager with respect to the application as early as possible but no less than 10 working days prior to the date of the proposed special event, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means.
D. 
Nothing herein authorizes the denial of a special event permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow adequate protection with the number of police officers available to police the special event.
E. 
If the permit is denied, or approved with conditions, the written notice shall set forth reasons explaining the denial or the imposition of conditions.
F. 
If a permit is denied pursuant to the criteria set forth in this chapter because the proposed time or assembly and dispersal sites are unacceptable, the denial shall contain a statement of alternative acceptable times and sites.
A. 
1. 
Indemnification. The permittee shall indemnify and hold harmless the City of Blue Lake, its officers, agents, employees and volunteers from any and all claims, causes of action, penalties, losses, expenses (including reasonable attorneys' fees) and any other liability for injuries or damage to persons or property resulting from the special event which were caused by the omissions or authorized acts of the permittee's officers, agents or employees.
2. 
City Reimbursed for Damages. If the City incurs any costs as a result of the applicant's failure to comply with any provisions of this chapter, or if City property is destroyed or damaged by reason of a special event, the permittee shall reimburse the City for its actual costs, including the actual replacement or repair cost of the destroyed property and reasonable attorney's fees incurred by the City to collect the debt.
B. 
Insurance.
1. 
All applicants must procure and maintain liability insurance to protect against any loss on account of bodily injury and property damage arising from the event. Such insurance shall include a policy endorsement providing proof of the following:
a. 
Coverage of at least $1,000,000.00 for each occurrence combined single limit bodily injury and property damage;
b. 
The City of Blue Lake, its officers, agents, employees and volunteers are expressly included as additional insureds under the policy;
c. 
Cover for the dates and location of the event;
d. 
An endorsement is provided for products liability of not less than $500,000.00 if food and nonalcoholic beverages are served at the special event;
e. 
An endorsement is provided for liquor liability in an amount not less than $500,000.00 if alcoholic beverages are served at the special event.
2. 
All insurance documents shall be filed with the City Clerk at least five days before the event. If the applicant is unable to obtain insurance or does not provide the City with the certificate of insurance or endorsement, the City Manager may obtain such insurance, including the additional insured endorsement, on behalf of the permit applicant and charge the permit applicant for the cost or deny the permit application.
3. 
No applicant shall be required to comply with the insurance requirements of this section if the activity proposed for the special event is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the insurance provision is impossible or so financially burdensome that it would preclude the proposed special event from occurring.
C. 
Encroachment Permit. If the special event will use or obstruct City streets, sidewalks, or other right-of-way for a period longer than four hours, an encroachment permit is required.
A. 
As a condition for issuing the permit, the City may require in advance, sums necessary to pay for the cost of City personnel and for the use of City equipment required by the special event. Costs may include, but are not limited to, sums necessary to provide for clean-up and restoration costs upon completion of the special event.
B. 
The City Council may establish by resolution an application fee charged to the applicant to cover the costs to the City to process, review, and issue permits.
C. 
If a permittee is unable to hold or conduct a special event because of weather or due to some other cause not within the permittee's control, and the permittee submits a written request for the refund of fees to the City Manager within 10 days after the date the event was to have been conducted, the City Manager may authorize the refund of any fees that are not necessary to reimburse the City's expenses of preparation for the special event, except the nonrefundable application fee.
D. 
No applicant shall be required to pay the application fee or the fee for the costs of City services as set forth in this section if the activity proposed for the special event is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the fee provision is impossible or so financially burdensome that it would preclude the proposed special event from occurring.
A. 
The applicant may appeal the denial of a permit or permit condition to the City Council. The applicant may also appeal the amount of fees, clean up deposits, or a determination by the City that the applicant's insurance policy does not comply with the requirements of this chapter.
B. 
A written notice of appeal shall be filed with the City Clerk within five days after delivery of a notice of denial or permit condition. The notice of appeal shall set the ground for the appeal.
C. 
The City Council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at its next regular meeting at least five calendar days after the appeal is filed. The decision of the City Council is final.
A. 
The City Clerk shall issue the permit when the application has been approved, and the applicant has agreed in writing to comply with the terms of the permit and all proper insurance documents have been obtained and submitted, as required. Immediately on granting of the permit, the City Clerk shall transmit a copy to law enforcement, the Public Works Director, and the Fire Chief.
B. 
If a special event permit is issued with additional conditions, the conditions of any permit shall be in conformity with the requirements of this chapter and shall provide only for such modification of the proposed special event as is necessary to achieve compliance with this chapter. Such conditions may include, but are not limited to, requiring the applicant to:
1. 
Maintain a 20-foot-wide unobstructed emergency access lane at all times;
2. 
Provide first aid stations and teams within a closed-off area to provide emergency medical aid to participants;
3. 
Provide portable sanitation facilities, garbage and recycling services, and other equipment and services necessary to the public health and safety;
4. 
Provide barricades to close off streets or other areas;
5. 
Provide sufficient signs and directional arrows to divert traffic, subject to the approval of the City engineer or designee;
6. 
Provide proof of advance notification to the affected residents and business persons throughout the surrounding areas of any street closure associated with the special event;
7. 
Clean all debris and litter from the park, parking lot, street and/or sidewalk areas affected by the special event within four hours after the conclusion of the special event;
8. 
If alcoholic beverages are to be sold at the event, obtain the appropriate license from the State Department of Alcoholic Beverage Control, follow responsible beverage service practices and provide security adequate to maintain order, as determined by the City Manager or designee;
9. 
Provide a centrally located area where members of the public may engage in protected First Amendment conduct when the permitted event is open to the public.
C. 
Permittees may not limit free distribution of literature at a special event held on public property by members of the public who have no formal or direct relationship with the permittee.
D. 
Permittees shall ensure that accessibility for persons with disabilities is not impaired by the special event if the special event occurs on public property.
In the event of a violation of any of the terms or conditions of the permit, or if further conduct of the special event should for any reason threaten the health and safety of the public, the City may immediately revoke the permit. In the event that a structure or obstruction relating to the special event threatens the public safety or welfare, the City may order the immediate repair or removal of the structure or obstruction. If the permittee fails to repair or remove the structure or obstruction, the City will repair or remove the structure or obstruction, and the cost and expense shall be paid by the permittee, including any professional fees associated with the enforcement of collection of the same. A notice of revocation shall be delivered in writing to the permittee by registered or certified mail. No permit shall be revoked, except in an emergency, without giving the permittee a reasonable opportunity to be heard and present evidence as to why the permit should to be revoked.
In addition to any other applicable provision of law, except as may be expressly authorized by the permit, it is unlawful for any person to engage in any of the following conduct at any event for which a special event permit has been issued pursuant to this chapter and that is located on or partially on public or City property or is open to the public:
A. 
Any conduct that substantially prevents any other person from viewing, hearing or meaningfully participating in the event.
B. 
Any conduct that substantially interferes with the free passage of event participants or attendees by creating an obstacle at any entrance, aisle, walkway, stairwell, ramp, esplanade, vendor booth, ride or other area commonly used for public access, egress or ingress.
C. 
Using any facility, structure, fixture, improvement or other thing within the area covered by the special event permit in a manner contrary to or inconsistent with its intended, designated or safe use.
D. 
Lighting any fire unless expressly authorized in a special event permit.
E. 
Any sexual conduct, including, but not limited to, any physical manipulation or touching of a person's sexual organs through, over or under a person's clothing or direct skin contact in an act of apparent sexual stimulation or gratification, regardless of the person's subjective intent.
F. 
Operating any bicycle, in-line skates, roller blades or other human-powered form of accelerated propulsion, except in such places as the permittee may provide or allow for such activities.
G. 
Entering an area covered by the permit without consenting to an inspection of personal belongings for the purpose of preventing the introduction of prohibited items into the event. For purposes of this section, "personal belongings" includes backpacks, duffel bags, sleeping bags, purses, coolers, bulky apparel items and other personal items large enough to conceal or contain prohibited items.
H. 
Bringing into or possessing within the area covered by the special event permit any prohibited item. For purposes of this chapter, "prohibited item" includes any fireworks, laser light, laser pointer, sound amplifying, producing or reproducing or audio or video recording equipment (except as authorized by the permittee), glass bottles or containers, alcoholic beverages (except as provided by the permittee in accordance with the special event permit), furniture or fixtures (except as authorized by the permittee), anything specifically designed for and presently capable of causing, or carried with the intent to threaten or cause, bodily harm to another (except for concealed handguns lawfully carried by persons in accordance with valid concealed handgun permits), and any item whose possession violates any other applicable provision of law.
I. 
Entering into or remaining in any area covered by any special event permit for any event that is not open to the public without the consent of the permittee, or entry into or remaining in any area covered by any special event permit for any event that is open to the public only upon the payment of an entry fee or charge, without first paying the applicable entry fee or charge.
J. 
Selling, vending, or soliciting in any area covered by a special event permit, except in such places as the permittee may provide or allow for such activities as specified in the special event permit.