The City Council recognizes that special events enhance the City's lifestyle and provide benefits to area residents, visitors, and businesses through the creation of unique venues for expression, recreations, and entertainment that are not normally provided as a part of governmental services. However, the City Council also recognizes that special events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise, traffic, safety, abuse of alcohol, possible civil or anti-event demonstrations and/or protestors, and health hazard impacts.
The purpose and intent of this chapter is to set forth reasonable regulations by establishing a process for permitting special events within the City. Permits will protect the rights and interests granted to special event permit holders, ensure the health and safety of patrons, prohibit illegal activity from occurring within special event venues, minimize any adverse effects from special events, and ensure the efficient use of public property and City services. It is further intended to create a mechanism for cost recovery to the City for special events without having an adverse effect on those special events that contribute to the community.
Notwithstanding the provisions of this chapter, proposed activities shall be subject to Title 30 Zoning Regulations and Coastal Development Requirements.
(Ord. 2020-01)
"Affected parties"
means businesses and residents located within 500 feet of the area around the special event that are likely to experience impact from the special event.
"Business registration"
means a City of Encinitas issued business registration.
"Citizen participation plan meeting"
means a public meeting where notice has been given to occupants within 500 feet of the event/course area at the expense of the event organizer. Applicants are responsible for cost recovery fees for City staff time to attend the public meeting.
"City"
means the City of Encinitas.
"City Manager"
means the City Manager or authorized designee.
"City staff"
means any officer, elected official, employee, or authorized agent of the City of Encinitas.
"Commercial business"
means an organization engaged in the trade of goods, services, or both to consumers (e.g., retail, corporation, LLC, or sole proprietorship) whose primary purpose is a for-profit venture.
"Demonstration"
means any formation, procession or assembly of 25 or more persons which, for the purposes of expressive activity, is:
1. 
To assemble or travel in unison on any street in a manner that does not comply with normal traffic regulations or controls; or
2. 
To gather at a public park or other public area. "Event" means a special event or a demonstration.
"Event promoter"
means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event.
"Expanded polystyrene disposable food service ware"
means the same as defined in Chapter 11.27.
"Expressive activity"
means conduct, the sole or principal object of which is the means of opinion, views, or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature.
"First time" or "new special event"
means any event held in the City for the first time or any event that was canceled and then brought back.
"Goods"
means any wares, personal property, merchandise or any other similar item that is generally sold.
"Issuing authority"
means the same as defined in Chapter 6.02.
"Law enforcement"
means any law enforcement personnel or agency contracted, allied or employed by the City of Encinitas.
"Major special event"
means an event that includes 2,000 or more participants and/or spectators affecting City and/or contracted law enforcement personnel, resources, services, outdoor facilities, traffic circulation, street closures, the community and/or its citizens.
"Minor special event"
means an organized recreational activity or event open to the public that includes 25 to 499 participants and/or spectators held on public property affecting City and/or contracted law enforcement personnel, resources, services, outdoor facilities, traffic circulation and the community and/or its citizens. Private minor events with 25 to 499 participants held on public property require a facility use permit.
"Moderate special event"
means an event that includes 500 to 1,999 participants and/or spectators or requires a street closure affecting City and/or contracted law enforcement personnel, resources, services, outdoor facilities, traffic circulation, the community and/or its citizens.
"Municipal corporation"
means the City of Encinitas and the San Dieguito Water District.
"Nonprofit organization"
means a tax-exempt organization under relevant sections of the Internal Revenue Code.
"Nonresident"
means an individual or organization residing or based outside the boundaries of the City of Encinitas or any group with more than 50% of its membership residing outside of the City limits.
"Notice to permittee"
means the same as defined in Chapter 6.02.
"Parks, Recreation and Cultural Arts Director"
means the director of the Parks, Recreation and Cultural Arts Department or authorized designee.
"Permit holder"
means an individual, group, or organization to which a special event permit has been issued.
"Person"
means the same as defined in Chapter 6.02.
"Private party"
means an individual, group or organization that excludes participation by the public and is either not-for-profit or for-profit.
"Resident"
means an individual or organization residing or based within the boundaries of the City of Encinitas with a US Postal Service Code of 92024 or 92007. Use of a City PO Box mailing address is not considered residency. To be considered an Encinitas resident group more than 50% of the membership must reside within the City limits.
"Sheriff"
means the San Diego County Sheriff or his/her authorized designee.
"Sidewalk"
means the same as defined in Chapter 14.06.
"Sign or banner"
means the same as defined in Chapters 15.10 and 30.04. "Single-use disposable bag" means the same as defined in Chapter 11.26.
"Site appropriate"
means the site must be suitable to the use requested and the historical use of the site.
"Sound-amplifying equipment"
means the same as defined in Chapter 9.32.
"Special event"
means any scheduled or planned event occurring within the City of Encinitas that impacts the normal use of public or private property, or disrupts the normal flow of traffic or access to public property or public right-of-way and which can reasonably be expected to require support by the City and County government and/or personnel. Types of events include celebrations, festivals, fairs, musical gatherings, organized aquatics, sporting or similar events and may include live or amplified music and/or a stage, may include the sale of alcohol requiring an ABC permit and/or associated regulations, and the use of booths or vendors.
"Street"
means the same as defined in Chapter 14.06.
"User classifications."
Outdoor facilities shall be available for use by the public for recreational, educational, civic and commercial purposes. Users are classified into groups for the purpose of assessing fees and determining priority of use.
1. 
Priority 1—Municipal Corporation: City or City-sponsored events.
2. 
Priority 2—Resident: recreational, private party or nonprofit organization.
3. 
Priority 3—Resident: private party for profit or commercial business.
4. 
Priority 4—Nonresident: private party or nonprofit organization.
5. 
Priority 5—Nonresident: commercial business.
"Vendor"
means any person who sells or offers to sell goods or provide services within a special event venue.
"Zero Waste"
means diverting 85% of event waste from ending up in a landfill.
(Ord. 2014-11; Ord. 2018-04; Ord. 2020-01)
An application fee as defined in Chapter 6.02 will be charged and is payable at the time the initial application is submitted. In addition, event organizers are responsible for full cost recovery for City staff time needed to inspect or provide services, within the staff job description, at a special event. Cost recovery fees are required to be paid 30-days prior to the event date. A canceled event may be refunded for cost recovery fees for services not rendered, when requested within five business days prior to the event date.
(Ord. 2020-01)
In addition to those of Chapter 6.02, the following application requirements apply:
A. 
Major special event applications must be submitted annually to the Parks, Recreation and Cultural Arts Department no later than March 15 for events taking place the following calendar year. If March 15 is a nonworking day, the deadline is extended to the following business day. Major special events are subject to date availability and permits may not be issued to events held on the same calendar date as another permitted or likely to be permitted event. Priority of use is outlined in Section 6.11.020 and preference is given to historical events. Major special event application revisions and all supporting documents are required to be submitted at least 90 calendar days before the major special event date.
City Council will review major special event applications the first and second year prior to issuance of a special event permit. Major events that are reoccurring after the first two years are subject to City Council approval if there is a change of venue, change of season, other significant change(s) as determined by staff, marked public complaints, noncompliance with event permit conditions and or requirements, or any reason deemed necessary by the City Manager or designee. City Council may choose to limit the number of major special events held at Moonlight State Beach and in the downtown areas. Permits will be processed and issued by the Parks, Recreation and Cultural Arts Department.
B. 
Moderate special event applications must be submitted to the Parks, Recreation and Cultural Arts Department between 90 days and 12 months prior to the event date. Council-approved major special events will take precedence over moderate special event dates. Permits will be processed and issued by the Parks, Recreation and Cultural Arts Department. Moderate special event application revisions and all supporting documents are required to be submitted at least 90 calendar days before the moderate special event date.
C. 
Applications for minor special events must be submitted to the Parks, Recreation and Cultural Arts Department between 45 days and 12 months prior to the event date. Council-approved major special events will take precedence over minor special event dates. Permits will be processed and issued by the Parks, Recreation and Cultural Arts Department. Minor special event application revisions and all supporting documents are required to be submitted at least 45 calendar days before the minor special event date.
D. 
Any event where alcohol is served or sold requires an ABC license and must be reviewed, approved, and abide by all Alcohol and Beverage Control (ABC) regulations.
E. 
The application for a special event permit shall set forth all of the following information, if applicable:
1. 
The name, address, email address and telephone number of the applicant and event organizer and its officers.
2. 
The names, addresses and telephone numbers of the headquarters of any organization for which the special event is to be conducted, and proof of the authorized representatives of the organization.
3. 
An acknowledgement of financial responsibility for any City fees or costs that may be imposed for the special event by the applicant and any person authorizing the applicant to apply for the permit on its behalf.
4. 
A description of the nature or purpose of the special event, including a description of activities planned during the special event.
5. 
Advance notification if alcohol is to be served or sold and the ability to follow applicable ABC guidelines and regulations.
6. 
A statement of fees to be charged to participants of the special event.
7. 
Identification of a City business registration or a copy of a document showing proof the applicant is a tax-exempt nonprofit organization.
8. 
Proof of insurance required by this chapter.
9. 
The date(s), time(s), and location(s) where the special event is to be conducted, including assembly and disbanding.
10. 
A site plan including, but not limited to:
a. 
Portable structures;
b. 
Prefabricated structures;
c. 
Site-built structures;
d. 
Staging;
e. 
Reviewing stand(s);
f. 
Elevated platforms;
g. 
Temporary pedestrian bridges;
h. 
Tents or canopies;
i. 
Portable restrooms;
j. 
On-site signs;
k. 
Assembly or production areas;
l. 
Electrical sources and connections;
m. 
Fuel storage;
n. 
Cooking and open fires;
o. 
Water supply;
p. 
Alcohol service areas and applicable restrictions or permitting needs as required by ABC;
q. 
Run-off containment features;
r. 
Waste, recycling, and food diversion containers;
s. 
Accessible parking;
t. 
Ingress and egress points and routes for able body and disabled persons;
u. 
Access points for emergency fire and ambulance equipment;
v. 
Emergency medical services area(s);
w. 
Any vehicles located in an enclosed area;
x. 
Inflatable(s);
y. 
Animals and animal rides;
z. 
Carnival rides;
aa. 
Location to accommodate individuals desiring to express opinions not consistent with the purpose or intent of the event;
bb. 
Shuttle lot location(s) and the shuttle drop off and pick up location(s);
cc. 
Other similar information that will describe the components of the event.
11. 
A temporary sign/banner application as defined in Chapters 15.10 and 30.60.
12. 
Traffic control plans (TCP) must be detailed, prepared by a traffic control specialist as defined in EMC Title 14, meet all California Manual on Uniform Traffic Control Devices (MUTCD) standards for a major or moderate event and parking management plans for all streets, sidewalks and parking lots that the special event will affect by restricting the public's normal, typical or customary use thereof.
13. 
Approximate event attendance including the number of participants, spectators, event facilitators, crowd managers, animals and vehicles.
14. 
Provisions for first aid and emergency medical services.
15. 
The number, type and location of sanitation facilities.
16. 
A description of any recording equipment, sound amplification equipment, or other attention- getting devices to be used in connection with the special event.
17. 
Letters of permission from private property owners and approval from other jurisdictions or authorities.
18. 
Events impacting resident access must provide an alternate ingress and egress or resident parking plan.
F. 
Applications for special events will be reviewed on a case-by-case basis to determine if the requested event is site appropriate.
(Ord. 2014-11; Ord. 2018-04; Ord. 2020-01)
A. 
If, in the opinion of law enforcement and/or City staff, an activity warrants the presence of law enforcement, fire/emergency medical services, one or more security personnel, or crowd managers, the cost of all services (including planning, meeting attendance and reports) shall be borne by the applicant.
B. 
Additional law enforcement protection, fire/emergency medical services, civilian traffic control personnel, crowd managers, private security and volunteer staff may be necessary to ensure traffic control and public safety for a special event. Determination will be based on event size, location, duration, time, date, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked off from use by the public, the need to detour or preempt pedestrian and vehicular travel from the use of public streets and sidewalks, and prior event history and or associated issues or problems. The Sheriff shall provide law enforcement services, if law enforcement protection is deemed necessary. The cost of law enforcement services will be determined by existing contractual rates as determined by the providing entity.
C. 
Security personnel are subject to approval by the City. Security personnel are to be licensed and in uniform. Proof of obtaining the required security personnel must be provided to the Parks, Recreation and Cultural Arts Department no later than two weeks prior to the event in the form of a receipt and/or contract from a bonded security agency. If proof is not provided to the Parks, Recreation and Cultural Arts Department by the required date, the special event permit may be revoked. If, after proof of security has been provided to the City and the security is not present at the event, the City staff in charge may revoke the special event permit and ask the permit holder to leave the area.
D. 
The costs of any event issues requiring a higher level of response by law enforcement due to problems or issues at the event (e.g., riots, civil unrest, disturbances, etc.) will be charged to the event organizer by the City of Encinitas.
(Ord. 2017-07; Ord. 2018-04; Ord. 2020-01)
Public notification for special events may be required to affected parties.
Pre-approval of the event notice and public notification addresses will be provided by the City with the full cost to be borne by the applicant.
First time or new major special events require a Citizen Participation Plan meeting and notice must be given to all occupants within 500 feet of the proposed event area/course. Applicants must plan accordingly and hold the meeting prior to the City Council review of the first time or new major special event. This applies to events that begin as a moderate event and grow to a major event. Applicants are responsible for the full cost of holding the Citizen Participation Plan meeting.
(Ord. 2020-01)
If the event is utilizing City streets or facilities (e.g., parks or beaches), the permit holder is responsible for complete cleanup and returning the site or facility to its pre-event condition. A refundable cleanup deposit will be required and due in full prior to the issuance of the permit. Deposit amounts will be determined at the time the application is reviewed by the City staff and will be based on the size, location and type of event. City staff will conduct a pre-event and post-event inspection. If the site or facility has not been left as found, the City will use the deposit (e.g., all or a portion) to pay for any cleanup work necessary to return the area to its original condition. If no additional work is required, the deposit will be returned in full within 30 days from the date the event was held.
(Ord. 2020-01)
The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with ABC regulations and requirements, state law and the City Code.
A. 
The distribution or consumption of alcoholic beverages shall comply with all applicable laws, as defined in Chapters 9.28 and 9.43. All permit holders will be solely responsible for obtaining all required permits or licenses relating to the distribution and consumption of alcoholic beverages. Evidence of required permits or licenses must be provided to Parks, Recreation and Cultural Arts Department staff two weeks prior to the scheduled event date.
B. 
Alcohol is not permitted on any beach facility and is restricted at designated park facilities as defined in Chapter 9.28.
C. 
No alcoholic beverage shall be served to any minor person as defined in Chapter 9.42.
D. 
Security and/or law enforcement shall be required at all activities and/or events when alcoholic beverages are served. The number of security and/or law enforcement personnel will be determined during the review process. The cost of such service shall be borne by the applicant.
E. 
Injuries caused to any person because of alcoholic beverages being consumed by any person on public or private property, or because of alcohol being available on public or private property, shall be the sole responsibility of the permit holder, its sponsor and representatives.
F. 
All food served, catered or otherwise, must comply as defined in Chapter 11.04. Caterers and food trucks must furnish proof of liability insurance.
(Ord. 2018-04; Ord. 2020-01)
It is unlawful for any person to join or participate in a special event or in any other manner interfere with its progress or orderly conduct without the consent of the permit holder.
(Ord. 2020-01)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court or competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter.
The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase contained in it irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional.
(Ord. 2020-01)
The City of Encinitas encourages a safe and healthy atmosphere by supporting an environment free from: drugs, intimidation or harassment, gambling or solicitation, profanity or abusive language, vandalism or property damage. This code of conduct applies to all event organizers, participants, spectators, visitors, vendors, exhibitors, facility users, organizations, or groups, staff and volunteers in any and all events held on City of Encinitas property or permitted by the City of Encinitas. The event organizer bears the sole responsibility of ensuring the code of conduct is upheld during the event.
Behavior that violates this code of conduct, as determined by the City Manager or designee, is a violation of the terms of the special event permit and permit process and will result in cancellation of the special event and denial of future special event permits.
(Ord. 2020-01)
The City of Encinitas desires that special events are zero waste events. Events must comply with the Special Event Zero Waste Policy as well as all city, state and federal laws.
(Ord. 2020-01)
A. 
Denial of a special event by the City Manager or designee include, but are not limited to, the following:
1. 
There is a violation in the code of conduct.
2. 
The application for the permit (including attachments and supporting documents) are not fully completed and executed.
3. 
The application for the permit contains a material falsehood or misrepresentation.
4. 
The applicant has failed to conduct a previously authorized event in accordance with the law or the terms of a permit or both.
5. 
The use or activity would conflict with previously planned programs organized and conducted by the City and previously scheduled for the same time and place.
6. 
A fully executed prior application for the same time or place has been received and a permit has been, or is likely to be granted, authorizing uses or activities which do not reasonably permit multiple occupancy of the particular site, part thereof, or area of the City.
7. 
The applicant has not complied or cannot comply with applicable federal, state or local laws, regulations, ordinance or City Council policies.
8. 
The applicant has not tendered the required application, indemnification agreement and endorsement(s), insurance certificate(s), or permit fees within the times prescribed.
9. 
The applicant has not provided for the services of a required number of law enforcement officers, fire and/or paramedic personnel, lifeguards, private security, civilian traffic controllers, or event volunteers/staff to ensure the safety of the event.
10. 
The applicant has not provided adequate sanitation and other required health facilities on or adjacent to any public assembly area.
11. 
The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur.
12. 
The use or activity would present an unreasonable danger to the health or safety of the applicant, other users of the site, or the public.
13. 
The special event will require the exclusive use of beach or park areas.
14. 
The special event will create the imminent possibility of violent disorderly conduct likely to endanger public health, safety and welfare or to result in property damage.
15. 
The special event will require the diversion of a great number of law enforcement officers from their normal duties, thereby preventing reasonable law enforcement protection to the remainder of the City.
16. 
The conduct of the special event will substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic.
(Ord. 2020-01)