Note: Prior ordinance history: Ords. 02-01 and 13-03.
A. 
The City declares that these regulations, relating to the use of City-owned property, are necessary for the preservation of life, limb, and property. The purpose of this chapter is to provide a narrowly tailored regulatory framework for permitting special events that occur on or make use of City-owned property. The regulations contained herein are intended to protect the rights of people to engage in expressive activities on City-owned property by establishing the least restrictive and most reasonable necessary time, place and manner regulations of these activities.
B. 
This chapter establishes the standards for the issuance of a permit for parades, assemblies, and other special events in the City of Goleta.
C. 
This chapter does not apply to events authorized by and conducted pursuant to a lease of City property entered into pursuant to Chapter 12.08 of this Code.
(Ord. 21-06 § 2)
“Day” or “days”
means calendar days.
“Director of Neighborhood Services”
means the Director of Neighborhood Services and Public Safety or designee.
“Event organizer”
means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event.
“Expressive activity”
shall mean conduct, the sole and principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinions, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature.
“Special event”
means either:
1. 
An organized formation, parade, procession, demonstration or assembly which may include persons, vehicles, or any combination thereof, which is to assemble or travel in unison on any street, sidewalk, or other public right-of-way owned or controlled by the City and which does not or is not reasonably likely to comply with applicable traffic regulations, laws or controls; or
2. 
Any organized assemblage of 75 or more persons at any public place, public park, public right-of-way, property or facility or any organized assemblage of persons which requires closure of a public street that is to gather for a common purpose under the direction or control of a person or organization.
“Special event permit”
means a permit issued pursuant to this chapter.
“Spontaneous special event”
means a special event involving expressive activity that is responding to current affairs coming into public knowledge.
(Ord. 21-06 § 2)
A. 
Except as otherwise provided by this chapter, it is unlawful for any person, entity, business, or group (including community, social, fraternal, religious and charitable groups) to conduct, manage, or participate in any special event for which a written special event permit has not been issued in accordance with the provisions of this chapter.
B. 
The Director of Neighborhood Services is authorized to issue special event permits pursuant to the procedures and regulations established by this chapter.
C. 
No special event permit issued under the provisions of this chapter shall be transferable or movable to another location or another applicant.
(Ord. 21-06 § 2)
The following activities are exempt from the special event permit requirement:
A. 
Events and activities which take place on public streets, sidewalks, or other public rights-of-way owned or controlled by the City, but which do not meet the definition of a special event, including, but not limited to, lawful picketing, provided that all applicable traffic regulations, laws or controls are complied with;
B. 
A march, procession, walk, run, or assembly consisting of 500 or fewer participants that meets the following requirements:
1. 
The participants assemble, march, walk, or run in groups of less than 50, two abreast to create spacing between groups;
2. 
The participants give way to others that they encounter on any public right-of-way;
3. 
The participants obey all traffic and park regulations; and
4. 
The participants do not obstruct the flow of vehicular or pedestrian traffic.
C. 
Special events that are not organized by any one person, group of persons, or organization.
(Ord. 21-06 § 2)
A. 
Unless otherwise provided by this chapter, spontaneous special events that involve expressive activity and occur within five days of and are prompted by news or affairs coming into public knowledge, do not require a special event permit provided that the organizers thereof provide written notice to the Director of Neighborhood Services at least 24 hours prior to such special event. Such written notice shall contain all of the following information:
1. 
The name, address, and telephone number of the person or organization wishing to conduct such special event;
2. 
If the special 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 the authorized and responsible head of such organization;
3. 
The name, address, and telephone number of the person who will act as the special event chairperson;
4. 
The date when such special event is to be conducted and the hours the special event will commence and terminate;
5. 
If applicable, the specific assembly and dispersal locations, the route to be traveled, and the starting and ending points;
6. 
The approximate number of persons and vehicles constituting such special event and a general description of the vehicles;
7. 
The time when such special event will terminate;
8. 
The number, types, and locations of all loudspeakers and amplifying devices to be used;
9. 
Whether and to what extent such special event demonstration will occupy all or a portion of the width of the streets proposed to be traveled;
10. 
The location by streets of any special event;
11. 
The time at which units of any parade or demonstration will begin to assemble at any such assembly area or areas; and
12. 
Such other information as the Director of Neighborhood Services or designee may deem necessary in order to properly provide for traffic control, police and fire protection, and the protection of the public health, safety, and welfare.
B. 
The Director of Neighborhood Services may impose reasonable time, place, and manner restrictions on spontaneous special events governed by subsection A that are deemed necessary to properly provide for traffic control, police and fire protection, and the protection of the public health, safety, and welfare. The Director of Neighborhood Services shall consult with the City Attorney before imposing conditions of a spontaneous special event governed by subsection A. Such notice shall provide detailed facts and reasons for any conditions of approval.
C. 
If the Director of Neighborhood Services makes any of the findings listed in Section 12.07.080(A) with regard to a spontaneous special event governed by subsection A of this section, the Director of Neighborhood Services may propose to the person or organization that is organizing the spontaneous special event an alternative time, route, venue, or manner of conducting the spontaneous special event, which would obviate the Director’s finding.
1. 
A finding listed in Section 12.07.080(A) with regard to a spontaneous special event governed by subsection A of this section shall be made no later than 24 hours after written notice of the spontaneous special event is provided.
2. 
The Director of Neighborhood Services shall immediately provide notice of the finding by telephone to the person or organization providing notice of the spontaneous special event. Notice of the finding shall include the proposed alternative means of conducting the spontaneous special event.
3. 
If and only if, the event organizer and the Director of Neighborhood Services cannot agree on an alternative time, route, venue, or manner of conducting the spontaneous special event, that would obviate the Director of Neighborhood Services’ findings, the Director of Neighborhood Services may then deny permission to conduct the spontaneous special event after having consulted with the City Attorney.
(Ord. 21-06 § 2)
A. 
Any person desiring to conduct a special event must make a written application to the Director of Neighborhood Services at least 30 days in advance of the proposed special event. Such application must include the following information:
1. 
The name, address, and telephone number of the person requesting the permit.
2. 
The name and address of any organization or group he or she is representing.
3. 
The name, address, and telephone number of the person who will act as Special Event chairperson, who will be responsible for the conduct of the special event.
4. 
The number of monitors provided by the applicant and the identifying marks, badges, or symbols to be worn or used by such monitors.
5. 
The estimated number of persons to participate and to otherwise attend, and the number and types of vehicles to participate.
6. 
The method of notifying the participants of the terms and conditions of the permit prior to the special event.
7. 
The date the special event is to be conducted and the hours the special event will commence and terminate.
8. 
If a parade or procession will occur, the specific assembly and dispersal locations, the specific route, and the plans, if any, for assembly and dispersal.
9. 
Whether any music will be provided, either live or recorded.
10. 
The number, types, and locations of all loudspeakers and amplifying devised to be used.
11. 
Whether and to what extent such special event will occupy all or a portion of the width of the streets proposed to be traveled.
12. 
Such other information as the Director of Neighborhood Services or designee may deem necessary in order to properly provide for traffic control, street and property maintenance, administrative arrangements, police and fire protection, and the protection of the public health, safety, and welfare.
B. 
Each application shall be accompanied by a nonrefundable permit application fee in an amount established from time to time by resolution of the City Council. The applicant shall obtain all required permits and pay all fees required under this chapter and any other permits and fees required under this Code.
C. 
Non-profit organizations that provide a copy of their 501(c)(3) Certificate with their application will be charged a reduced permit application fee in an amount established from time to time by resolution of the City Council.
D. 
Except as otherwise required by this Code, the Director of Neighborhood Services shall, within three days, determine whether such application is or is not complete. Notwithstanding the Director of Neighborhood Services’ determination that an application is complete, no event date shall be considered confirmed until a Special Event Permit is issued, and the Director of Neighborhood Services shall retain the authority to request additional information if necessary to make the findings required by Section 12.07.070(C).
E. 
Notwithstanding the application deadline set forth in subsection A above, an application for a special event permit submitted by a person seeking to engage in expressive activity, as defined in this chapter, for which a permit is required under this chapter, shall be filed not less than five days prior to the event.
F. 
In the event that an application is not filed within the required time period as specified herein, the applicant may submit a signed declaration to the Director of Neighborhood Services and the City Attorney shall review the declaration and shall grant the exemption if all of the following conditions are met:
1. 
The proposed special event will involve expressive activity;
2. 
The imposition of the time limitation is reasonably likely to infringe on the applicant’s constitutional right to free speech or assembly; and
3. 
The circumstances giving rise to the proposed special event did not reasonably allow the applicant to file for a permit within the time period prescribed by this chapter.
If the Director of Neighborhood Services, in consultation with the City Attorney, deems that the conditions of the declaration are not met, the application shall be deemed denied.
(Ord. 21-06 § 2)
A. 
Applications determined to be complete by the Director of Neighborhood Services for a special event permit shall be denied, approved, or conditionally approved by the Director of Neighborhood Services within 10 days of such determination. If an application is determined to not be completed or is denied, the written notice shall set forth the reasons for such determination or for the denial.
B. 
In the case of an application submitted for a special event involving expressive activity, the Director of Neighborhood Services shall promptly attempt to notify the applicant orally of the approval or denial of a permit and shall provide written notification to the applicant as soon as it is reasonably practical to do so. However, in no event shall the written notification of a denial be provided later than three days of the Director’s oral notification. Such notice shall provide detailed facts and reasons for any denial or conditional approval. The Director of Neighborhood Services shall consult with the City Attorney before denying or conditionally approving a permit involving expressive activity (including all activities wherein the applicant claims or contends that the proposed event involves expressive activity) as that term is defined in this chapter.
C. 
The Director of Neighborhood Services shall issue a special event permit under this chapter if the Director of Neighborhood Services finds that the following criteria have been met:
1. 
The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this Code or other applicable laws, rules, or regulations;
2. 
The special event will not substantially interrupt vehicular and pedestrian traffic in the area of its location;
3. 
The special event will not require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City;
4. 
The concentration of persons or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;
5. 
The special event will not unreasonably interfere with any other special events for which a permit has already been granted or with the provision of City services in support of other scheduled events or scheduled government functions;
6. 
The special event will not have an unmitigable adverse impact upon residential or business access and traffic circulation in the same general venue area;
7. 
The special event will not adversely affect the City’s ability to reasonably perform municipal functions or furnish City services; and
8. 
The proposed special event will not have a significant adverse environmental impact.
D. 
The Director of Neighborhood Services may condition any permit issued pursuant to this chapter on the applicant’s agreement to comply with reasonable time, place, and manner conditions as are necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property, and to control vehicular and pedestrian traffic in and around the venue. The Director of Neighborhood Services shall consult with the City Attorney to develop any such reasonable time, place, and manner conditions, and the Director of Neighborhood Services shall provide the applicant with a written explanation for a decision that imposes any such conditions on the permit.
(Ord. 21-06 § 2)
A. 
The Director of Neighborhood Services shall deny any application for a permit or revoke any permit if he or she finds any of the following:
1. 
The special event will unreasonably disrupt traffic within the City; or
2. 
The special event will unreasonably interfere with access to police or fire stations, or other public safety facilities; or
3. 
The special event will require the diversion of so many public employees that allowing the special event would unreasonably deny service to the remainder of the City; or
4. 
The application contains incomplete, false, or misleading information; or
5. 
The Director of Neighborhood Services is unable to make all of the relevant findings pursuant to Section 12.07.070; or
6. 
The applicant fails to comply with all terms of this chapter; or
7. 
The special event is proposed for a time and place for which another Special Event Permit has been issued to a prior applicant; or
8. 
The proposed area for the assembly or for the set up or dispersal of a parade or other special event could not physically accommodate the number of participants expected to participate in the special event.
B. 
An event organizer whose permit application is denied, or whose permit is revoked, pursuant to this section shall be notified of the action of denial or revocation, which notification shall contain a statement setting forth the reasons for said denial or revocation as well as a reference to the appeal provisions set forth in Section 12.07.090. Notification made pursuant to this subsection, shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application.
(Ord. 21-06 § 2)
A. 
Except as otherwise provided by this chapter, any person aggrieved by the issuance, denial, or revocation of a permit or any other action taken by the City pursuant to this chapter may appeal such decision to the City Council by filing a written notice of such appeal with the City Clerk anytime within the 10-day period following the decision of the Director of Neighborhood Services giving rise to the appeal. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The City Clerk shall schedule an appeal hearing with the City Council at a meeting that is scheduled as soon thereafter as is practicable and feasible. At such hearing, the aggrieved party is entitled to be heard and to present evidence on his or her behalf. The City Council shall determine the merits of the appeal and the City Council’s determination to grant or deny the appeal shall be final.
B. 
As an alternative to filing an appeal with the City Council, any person aggrieved by the issuance, denial, or revocation of a permit or any other action taken by the City pursuant to this chapter may appeal such decision directly to the Superior Court within the 10-day period following the decision of the Director of Neighborhood Services giving rise to the appeal.
(Ord. 21-06 § 2)
A. 
Before a permit is issued, the permit applicant or the authorized officer of the sponsoring organization must sign an agreement to reimburse the City of Goleta for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event and proximately caused by the actions of the permittee or sponsoring organization, its officers, employees, or agents, or any person who was under the permittee’s or sponsoring organization’s control insofar as permitted by law. The agreement must also provide that the permittee or sponsoring organization must defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee or sponsoring organization, its officers, employees or agents, or any person who was under the permittee’s or sponsoring organization’s control insofar as permitted by law and in a form consistent with this requirements and acceptable to the City Attorney. For purposes of this section, a person who merely joins in a parade, assembly, or special event is not considered, by reason of that act alone, to be “under the control” of the permittee or sponsoring organization. Nothing contained in this section shall be construed as obligating a permit applicant to indemnify or hold the City harmless for losses proximately caused by reactions of persons not affiliated with the parade, assembly, or special event to the parade, assembly, or special event.
B. 
Waiver of Indemnification Requirements.
1. 
The Director of Neighborhood Services may waive the indemnification requirements if he or she determines that the special event does not present a substantial or significant public liability or property damage exposure for the City or its officers.
2. 
In the event that the special event involves expressive activity, the Director of Neighborhood Services shall not apply the indemnification requirements to the special event provided that the special event organizers agree to redesign or reschedule the permitted special event to respond to specific risks, hazards and dangers to the public health and safety identified by the Director of Neighborhood Services as being reasonably foreseeable consequences of the permitted special event.
(Ord. 21-06 § 2)
A. 
Liability Insurance. Applicant shall provide to City documentation that meets the City’s current standard insurance requirements.
B. 
Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the Director of Neighborhood Services no less than five days before the date of the special event. The special event permit must not be issued by the Director of Neighborhood Services until after the insurance policy or certificate of insurance along with necessary endorsements have been filed by the applicant or sponsor and approved by the City.
C. 
Waiver of Insurance Requirements.
1. 
The Director of Neighborhood Services may waive the insurance requirements if he or she determines that the special event does not present a substantial or significant public liability or property damage exposure for the City or its officers.
2. 
In the event that the special event involves expressive activity, the Director of Neighborhood Services shall not apply the insurance requirements to the special event provided that the special event organizers agree to redesign or reschedule the permitted special event to respond to specific risks, hazards and dangers to the public health and safety identified by the Director of Neighborhood Services as being reasonably foreseeable consequences of the permitted special event.
3. 
In the event that a permittee’s insurance waiver request is denied, the Director of Neighborhood Services shall immediately notify the permittee of the denial and, in such notification, shall set forth the specific risks, hazards, and dangers to the public health and safety, on which the decision to deny the waiver request has been made. If possible, the Director of Neighborhood Services shall also propose to the permittee options for redesigning or rescheduling the special event in order to respond to those risks.
(Ord. 21-06 § 2)
At all times during the course of the special event permitted under this chapter, a responsible person must be on the premises concerned, with the original permit in his or her possession at such times. Upon request of any City official or peace officer, he or she must exhibit such permit for inspection.
(Ord. 21-06 § 2)
A. 
Because of health and sanitation problems, no person, except as hereinafter in this section excepted, is permitted to remain overnight on any City-owned property unless pursuant to a valid lease from the City or by specific written permission first had and obtained from the City.
B. 
Because of health and sanitation problems and the further risk to persons and property from fire and overcrowding, no person is permitted to erect or maintain any temporary structure or tent or to locate any camper or trailer upon any City-owned property, unless by specific written permission first had and obtained from the City.
C. 
The provisions of this section do not apply to any parks or other facilities owned or maintained by the City where overnight camping is expressly permitted; provided, that all of the rules and regulations of such parks or other facilities are fully met and complied with. The provisions of this section do not apply to firemen, police officers, custodians, caretakers and other persons whose duties require that they stay overnight on City-owned property, nor do they apply to prisoners or other persons whose presence overnight on City-owned property is required or authorized by other provisions of law.
(Ord. 21-06 § 2)