The purpose of a temporary use permit (TUP) or a special event permit (SEP) is to regulate those uses and activities of a temporary nature that may affect the public peace, health, safety, and general welfare. Further, it is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating temporary uses and special events.
(Ord. 765 § 5, 2018)
The following definitions shall apply to this chapter:
“Applicant”
means any person, firm, association, corporation, organization, club or ad hoc committee who or which seeks a temporary use permit from the city through the community development director, or a special event permit from the city, through the chief of police, to conduct or sponsor events governed by this chapter. An applicant must be eighteen years of age or older. The applicant shall be the individual who is directly responsible for organizing and/or conducting the temporary use or special event and/or the facility manager.
“Assembly”
means any meeting, demonstration, picket line, rally, gathering, or group of one hundred or more persons, animals, or vehicles, or a combination thereof, having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a parade, as defined in this section.
“Bounce house”
means temporary inflatable structures, buildings and similar items, such as inflatable trampolines, inflatable waterslides, bouncy houses, bouncy castles, moon bounce, and moonwalks.
“Chief building official”
means the building and safety director or designee.
“Chief of police”
means the police chief or designee.
“Circus”
means any transient, travelling, or transportable show or exhibition where a variety of performances by acrobats, clowns, and/or trained animals and restricted animals are a substantial attraction or principle business.
“City clerk”
means the city clerk of the city or designee.
“City manager”
means the city manager of the city or authorized deputy or designee.
“Commercial filming use”
means and includes all activity attendant to staging or shooting commercial motion pictures, television programs, or commercials.
“Community development director”
means the community development director or designee.
“Entertainment”
means providing to the public food and/or beverages; live or recorded music; dancing; mechanical, animal or carnival rides; games of chance; performances and/or plays; animal or restricted animal performances; audiovisual presentations; amplified sound; competitive or sporting events; and/or promotional events.
“Event”
means uses subject to either a temporary use permit or special event permit.
“Event sponsor”
means any person, entity, business, or group who operates or conducts, or shares in the revenue of, an event subject to this chapter.
“Extraordinary police services”
means responsive police services which are in addition to and in excess of the normal police services provided to the facility or off-site as a direct result of the event at the facility.
“Facility”
means the building, room, location or place where the special event is to take place.
“Farmers market” or “seasonal sale of agricultural goods”
means certified farmers’ markets as California agricultural point of sale locations for the purposes of California Food and Agricultural Code Section 47004(a) as may be amended. Generally, this is a multi-stall market location where certified California farmers sell fresh products that they have grown and harvested themselves directly to consumers who intend to consume the products. It may also include meat and dairy products.
“Fee”
means the nonrefundable fee to be paid by the permit applicant at the time the application is filed for a temporary use permit or special event permit per a fee schedule approved by the city council addressing the actual costs of processing the applications.
“Food cart”
means a mobile kitchen that is set up on the street to facilitate the sale and marketing of street food to people from local pedestrian traffic.
“Manufactured home”
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
“Open air market”
means any outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The “open air market” is interchangeable with and applicable to: swap meet, flea markets, auctions, or other similarly named or labeled activities; but the term does not include farmers markets, supermarket or department store retail operations.
“Open to the public”
means an event not limited to invitees and otherwise open to any member of the public with or without an admission fee or charge.
“Parade”
means any march, demonstration, procession, motorcade, or promenade consisting of persons, animals, or vehicles, or a combination thereof, having a common purpose, design, destination, or goal, upon any public place, which parade, march, demonstration, procession, motorcade, or promenade does not comply with normal and usual traffic regulations or control.
“Public benefit”
means if the nonprofit provides a benefit to the public generally, or a sufficient section of the public, of a type acceptable to the city to promote public health, safety or welfare.
“Push cart”
means any of the various types of wheeled light cart to be pushed by hand, as one used by street vendors.
“Recreational vehicle”
means a vehicle which is: (1) built on a single chassis; (2) four hundred square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Responsible party”
means, for the purpose of determining liability for damage to city or public facilities as a result of a special event and liability for the cost of extraordinary police services, any person or entity (including those who caused the damage, as well as those acting in a supervisory capacity or hosting the event including applicant(s), event sponsor(s), and/or promoter(s) and/or facility operator(s) and their respective designees) responsible for creating, causing, committing, or contributing to said damage.
“Restricted animal”
means those animals listed in Fish and Game Code Section 2119 and Title 14, California Code of Regulations Section 671 et seq.
“Security officer”
means a state-licensed uniform security guard, or off-duty law enforcement.
“Sidewalk sales”
means a retail event in which a group of four or more merchants within a defined business district is allowed to display merchandise for sale outside of the merchants’ places of business during normal business hours.
“Small photography shoot”
means the act of taking photos where: (1) three or fewer persons are engaged in the staging or shooting of photographs or operating the photography equipment, not including the subjects of the shoot; (2) the photographer uses no more than three pieces of photography equipment; (3) the photography equipment used is of a size and weight that each piece can be carried by one person; and (4) the entire production is finished in one calendar day.
“Special event”
means an event sponsored by any person, entity, business or group including at any special event venue or public right-of-way within the city and open to the public.
"Temporary food trucks"
mean a large vehicle equipped with facilities for cooking and selling of food.
“Temporary portable storage container”
means any temporary structure that is a reusable, enclosed, or open vessel, cargo container or truck trailer which is used for the storage of freight, articles, goods, solid waste, personal belongings, commodities, or similar uses, including metal cargo containers, steel cargo containers, shipping containers, freight containers, portable storage containers, ISO containers, cargo boxes or sea vans.
“Temporary use”
means temporary utilization of property for a special, unique or limited duration not otherwise either authorized by this code or permits granted for uses normally operated on that property.
(Ord. 765 § 5, 2018; Ord. 837, 9/23/2025)
This chapter governs the issuance of permits for temporary uses and special events. A temporary use permit and a special event permit shall be required to obtain any license otherwise required by this code or pay any other fee otherwise approved by the city council.
(Ord. 765 § 5, 2018)
(a) 
Temporary Use Permit Required. A temporary use permit shall be required for any temporary use(s) not expressly exempt pursuant to this chapter or which are specifically authorized by this code.
(b) 
Temporary Assembly (e.g., Circuses, Carnivals, Rodeos, Open Air Market). Temporary assemblies shall require a temporary use permit. Those temporary assemblies that are traveling amusements shall be limited to not more than fifteen days, or more than three weekends, of operation in any one-hundred-eighty-day period. If adjacent to residential uses, issues such as noise and traffic shall be evaluated to determine incompatible impacts on a residential neighborhood. If incompatible impacts are identified which cannot be resolved, the application may be denied.
Adequate provisions for traffic circulation, off-street parking and pedestrian safety shall be provided to the satisfaction of the community development director including accommodations for deliveries and employee parking. Restroom facilities shall be provided.
All lighting for temporary assemblies shall be directed away from adjacent properties and public rights-of-way. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the community development director and be consistent with the city’s noise standards. All food preparation areas shall be inspected by the Monterey County Health Department and obtain an active permit prior to operating the event.
(c) 
Temporary Food Trucks. Temporary food trucks shall apply for a temporary use permit. Food trucks shall be parked on private property from which operators sell prepared food and beverages to the public (hereafter "food trucks") shall comply with the following conditions and requirements:
(1) 
Property Owner Consent. A signed letter shall be submitted with the temporary use permit application from the property owner allowing the location of a temporary food truck.
(2) 
Approval Restrictions. Temporary food trucks are allowed at a single location for up to one hundred eighty days per calendar year with an additional one hundred eighty days extension, which must be approved by the community development director. A request for extension beyond the one hundred eighty days must be submitted to the community development department at least thirty days prior to expiration of the one hundred eighty days. Food trucks are allowed to operate a maximum of two days a week. Food trucks shall not operate for more than five hours per site per day.
(3) 
Each business is allowed one temporary use permit. After the approved temporary use permit expires, food trucks cannot relocated to another area and ask for a new temporary use permit.
(4) 
Food trucks shall only operate between the hours of 11:00 a.m. and 9:00 p.m.
(5) 
Registration. Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Monterey County Environmental Health Division, and operators shall possess a valid city of King business license and food vendors permit.
(6) 
Locations. Food trucks shall be permitted only in commercial zoning districts. Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semi-public uses. Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces.
(7) 
Rubbish. Food trucks shall maintain trash receptacles on site and pick up any trash left on site prior to ceasing daily operations.
(Ord. 765 § 5, 2018; Ord. 837, 9/23/2025)
The following uses shall be exempt from obtaining a required temporary use permit. If a proposal does not meet the minimum required development standards, then either a special use permit, or conditional use permit, or both, shall be required.
(a) 
Parking Lot Sales or Displays (Public and Private Property). Parking lot sales or display sales shall be exempt from obtaining the required temporary use permit if said sales meet the following requirements:
(1) 
Clearance Sale.
(A) 
An existing business wanting to conduct a parking lot sale for a clearance event or discount sale event within their parking lot shall be limited to one weekend in any one-hundred-eighty-day period. Adequate provisions for traffic circulation, controlled ingress and egress, adequate parking and pedestrian safety shall be provided at all times.
(B) 
A business wanting to use a parking lot either not owned by the business conducting the clearance sale or which is not located at the business site for a clearance sale event shall be required to obtain a temporary use permit. Prior to issuance of a temporary use permit, an application for a temporary seller’s permit shall file a business license with the state of California Board of Equalization and the applicant must state on the form that the sales will take place in the city of King.
(2) 
Christmas Tree or Pumpkin Sales Lots. All Christmas tree and/or pumpkin sales shall be limited to forty-five days per calendar year. The project site shall be left in a clean and debris-free state. All lighting shall be directed away from adjacent properties and public rights-of-way. No enclosed tents or similar structures intended for use by the public shall be used unless approved by the fire chief or building inspector. Adequate provisions for traffic circulation, controlled ingress and egress, off-street parking and pedestrian safety shall be provided to the satisfaction of the community development department.
(3) 
Farmer’s Markets or Seasonal Sale of Agricultural Goods. All such uses shall be limited to ninety days per calendar year, not to exceed thirty consecutive days at a time. The project site shall be left in a clean and debris-free state. All lighting shall be directed away from adjacent properties and public rights-of-way.
Adequate provisions for traffic circulation, controlled ingress and egress, off-street parking and pedestrian safety shall be provided to the satisfaction of the community development department.
(4) 
Outdoor Display of Merchandise (Private Property).
(b) 
Promotional or Seasonal Sales (Including Non-Mobile Flower and Vendor Stands). Promotional sales and retail sales shall be exempt from obtaining the required temporary use permit if the sale meets the following requirements:
(1) 
Items must not be typically sold from premises and shall be permitted not to exceed three days per seasonal event, not to exceed nine days in a calendar year.
(2) 
If the public sidewalk is being used for sale, no more than one six-foot by thirty-inch table shall be permitted. Such uses using the public sidewalk shall obtain an encroachment permit from the public works department. Additionally, a case deposit shall be required consistent with subsection (b)(3) of this section to ensure clean up.
(3) 
If vendor is using a private parking lot, no more than two six-foot by thirty-inch tables and a ten-foot by ten-foot canopy cover (e.g., canvas cover). Such use must be located upon developed commercial property with approval of property owner, and consistent with the use allowed for that zoned district. The stand and canopy on private parking lots shall not block driveways, path of travel or fire lines. Each vendor stand is required to obtain a business license.
(c) 
Arts and Crafts Shows. Arts and crafts shows shall be exempt from obtaining the required temporary use permit if said shows meet the following requirements: Such uses shall be limited to seven days in any one-hundred-eighty-day period.
(d) 
Fundraising Events for Charitable and Not for Profit. Fundraising events shall be exempt from obtaining the required temporary use permit if said events meet the following requirements: Such uses shall be limited to two days in any thirty-day period.
(e) 
Recreational Vehicles and Manufactured Homes. Recreational vehicles and manufactured homes shall be exempt from obtaining the required temporary use permit if the recreational vehicle or manufactured home meets the following requirements:
(1) 
All manufactured homes shall comply with the standards of Section 12.16.190, and all recreational vehicles shall comply with the standards of Section 12.16.195 of this code.
(2) 
A recreational vehicle or manufactured home may be used for security personnel, temporary storage, temporary office or other uses or for temporary residence of the subject property owner, when located on an active construction site. Installation of a trailer or RV may occur only after a valid building permit has been issued by the chief building official.
(3) 
A recreational vehicle or manufactured home may be used for any of the purposes specified in subsection (e)(1) of this section in any nonresidential zone with the approval of the community development department.
(4) 
A temporary recreational vehicle or manufactured home may remain for a period of one year of the construction project. A six-month extension may be granted by the community development director. Under no circumstances shall a temporary trailer or RV remain for a period exceeding one and one-half years.
(5) 
To qualify for an exception for a temporary use permit, the size of a recreational vehicle or manufactured home shall not exceed a maximum of six hundred fifty square feet. Their location upon the site shall meet the approval of the community development department and meet all the standards (e.g., setbacks, parking) of the base zoning district. Recreational vehicles or manufactured homes must have valid vehicle licenses and shall meet all requirements and regulations of the county department of health services and the chief building official.
(f) 
Temporary Portable Storage Container. Temporary portable storage containers shall be exempt from obtaining a temporary use permit if all of the following requirements are met:
(1) 
Temporary portable storage containers shall comply with the King City Building Code and any applicable manufacturing regulations.
(A) 
There shall be no utility connections to the temporary portable storage containers.
(B) 
Temporary portable storage containers may not be used to store flammable liquids or other hazardous materials as determined by the fire chief. Fireworks may be stored as determined by the fire chief.
(C) 
Temporary portable storage container shall be located so as to provide adequate access as determined by the fire chief.
(D) 
Temporary portable storage containers shall be incidental to the primary use on the site and/or shopping center. They are not permitted as an accessory use to a stand-alone parking lot.
(E) 
Temporary portable storage containers shall be kept in good condition and free of damage, rust, graffiti, signs, banners, etc. Repairs shall be made within forty-eight hours of being damaged. Graffiti shall be removed within forty-eight hours.
(2) 
For commercial, industrial and residentially zoned parcels or lots one acre or less in size, a maximum of one cargo/storage container is permitted. For commercial, industrial and residentially zoned parcels greater than one acre in size, a maximum of three cargo/storage containers shall be permitted.
(3) 
For commercial and industrial zoned property, cargo/storage containers shall not be located on site for more than thirty days within one calendar year. A cargo/storage container shall be located within the backyard setback and predominately out of view from a public street. A cargo/storage container cannot be placed on parking spaces needed to accommodate the uses, pursuant to Chapter 17.52 of this code, or as approved by a discretionary permit such as a use permit.
(4) 
For a single-family residential use, cargo/storage containers shall be permitted only during the period of on-site construction or moving. Temporary portable storage containers used for construction purposes shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first. Temporary portable storage containers used for moving shall not be on site for more than ninety days within one calendar year. The permanent storage of a cargo/storage container is prohibited for single-family residential uses.
(5) 
Cargo/storage containers shall not be located within the public right-of-way unless an encroachment permit is obtained from the city.
(6) 
Nonprofit institutions may be permitted to store one portable storage container on-site. The container shall be screened from public view and located behind the building. The container shall be painted to match the colors of the existing building.
(g) 
Bounce Houses. Bounce houses shall be exempt from obtaining the required temporary use permit if they meet any of the following requirements:
(1) 
It is used during a private event at a single-family residence.
(2) 
It is used in conjunction with a promotional or seasonal sale that meets the requirements of subsection (b) of this section.
(3) 
It is allowed in city parks when part of a parks and recreation department rental permit.
The height of any bounce house shall not exceed the height of the building in front of which it is displayed or used. Any bounce house which fails to meet any of the above requirements shall need to obtain a temporary use permit.
(h) 
Nonprofit Organizations. The city council may exempt a nonprofit organization from the requirement of temporary use permit upon a determination of public benefit.
(i) 
Other Uses. Any other temporary use which the community development director may determine to be of a similar nature to, or is listed as, a permitted or conditionally permitted use for the zone in which the temporary use would locate, or which is of a similar nature to other uses requiring a temporary use permit. The community development director may allow for a temporary use for a duration of one year or less and may place conditions on the use to assure maintenance of the public health, safety and welfare.
(j) 
Incidental Uses. The community development director may exempt a temporary use from the provisions of this chapter when it is determined the temporary use is incidental in nature and will not create any adverse impacts.
(Ord. 765 § 5, 2018)
(a) 
To provide for the welfare of all animals and restricted animals and for the health and safety of the public, the community development director shall be authorized to implement additional conditions on a temporary use permit for circus events.
(b) 
Violation of any additional reasonable regulations and/or conditions governing a circus event permit, shall constitute a violation of this chapter.
(Ord. 765 § 5, 2018)
Special event permits shall be granted at the sole discretion of the chief of police. The chief of police may approve, deny or impose additional permit conditions to protect the public from potential adverse impacts, and to provide for additional penalties and for the recoupment of extraordinary police services expended in enforcing permit requirements.
(Ord. 765 § 5, 2018)
(a) 
Parades.
(b) 
Public Park/Facility. A special event permit shall be obtained for any event which is held in a city park and/or facility or on any property and/or facility which is open to the public, and not covered by a temporary use permit. The requirement for special event permit for events held in city parks and/or facilities shall be satisfied by obtaining from recreational coordinator a permit as required by Section 7.26.060 or 7.26.110 of this code.
(c) 
Number of Participants. A special event permit shall be obtained for any event at which one hundred or more participants (including sponsors and guests) are present, and not covered by a temporary use permit.
(d) 
Personal Entertainment. A special event permit shall be obtained for any event at which entertainment is provided by or for any person, and/or made available to any person, there is an admission charge, and not covered by a temporary use permit.
(e) 
Rallies, picket lines, demonstrations.
(f) 
Block parties.
(g) 
Sidewalk Sales (Public Property). The following is applicable:
(1) 
The business shall be allowed to place one six-foot by thirty-inch table for sale items along the sidewalk. Additional tables may be placed, if deemed appropriate by the public works department.
(2) 
If the chief of police determines that sidewalk sales at a particular location are resulting in debris, the applicant shall provide a cash deposit to the city manager’s office of fifty percent of the estimated amount of clean-up to ensure the property is returned to a clean and debris-free state. If the applicant fails to promptly return the property to a clean and debris-free state at the conclusion of the use, the city may utilize the deposit to restore the property. Applicant shall be entitled to a refund of any unused funds. If funds are inadequate to cover the city’s costs, applicant shall provide additional funds to the city within seven days of request. No further public sidewalk sales shall be permitted until said additional funds are provided by the applicant.
(h) 
Any event in the city with amplified music after ten p.m. must receive approval from the city council.
(i) 
Any person wishing to film, videotape or photograph scenes or actions for commercial filming use shall obtain a special use permit unless otherwise exempt.
(Ord. 765 § 5, 2018)
The following uses shall be exempt from obtaining a required special event permit. If a proposal does not meet the minimum required development standards, then a special event permit may be required.
(a) 
Events held in a private residence where no admission is charged, the event is not open or advertised to the public, and no extraordinary police services are required. Nothing in this subsection shall modify or otherwise limit the requirements of Chapter 7.09 regarding social host liability.
(b) 
Events held in a members-only facility at which the only participants are the members (and their invited nonpaying guests) and no extraordinary police services are required.
(c) 
For-profit entertainment activities of persons, entities and businesses such as cabarets who or which are currently licensed to regularly provide specified entertainment activities at fixed locations in the city and no extraordinary police services are required.
(d) 
Any entertainment for which other city permits have previously been obtained, such as, but not limited to, dance permits, short-term encroachment permits and city-sponsored events, or other permits which are more appropriate for a particular event, as determined by the chief of police.
(e) 
County Fairground Events. All events are exempt, unless traffic control is needed, as determined by the chief of police. For any event serving alcohol, a temporary Alcohol Beverage Control (ABC) permit is needed.
(f) 
Nonprofits. An exemption may be granted by the city council for nonprofit organizations demonstrating a public benefit.
(g) 
Funeral processions.
(h) 
Religious Institutions. All events held on the property of the institution are exempt, unless serving alcohol or traffic control is needed, as determined by the chief of police.
(i) 
No Significant Impacts. Any event, series of events and/or specific type of event may be exempted at the discretion of the chief of police, based upon evidence that the event or events will not impact police services and will not affect public health, safety and welfare.
(j) 
Assembly.
(1) 
Assemblies occasioned by news or affairs coming into public knowledge within three days of such parade or assembly; provided, that the organizers thereof give written notice to the city at least twenty-four hours prior to such assembly. Such written notice shall contain all of the following information:
(A) 
The name, address and telephone number of the person or persons seeking to conduct the assembly. This person or these persons shall be considered a permittee for the purposes of this chapter;
(B) 
The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the assembly is proposed to be conducted;
(C) 
The name, address and telephone number of the person who will chair assembly and who will be responsible for its conduct;
(D) 
The location and date of the proposed assembly, including the assembly area, disbanding area, and the route to be traveled;
(E) 
An estimate of the approximate number of persons who will be participating in the assembly and an estimate of the approximate number of persons who will be observing the assembly;
(F) 
The time at which the assembly will start and conclude; and
(G) 
The type of security or other arrangements that will be provided to assure that participants are properly directed.
(2) 
The city manager may deny permission to conduct the assembly within eighteen hours of the submission of the notice pursuant to subsection (j) of this section if the city manager or the city manager’s designee makes a finding requiring denial. Denial of permission shall be based on a finding of any of the following:
(A) 
The information contained in the application is false or intentionally misleading;
(B) 
The assembly is proposed for a time and location for which another assembly permit has been previously issued;
(C) 
The proposed route or location of the assembly traverses a street or other public right-of-way that was scheduled for maintenance, construction or repair prior to the application for that assembly permit and the conduct of the assembly would interfere with such maintenance, construction or repair or the maintenance, construction or repair would represent a threat to the health or safety of the participants in the assembly;
(D) 
The proposed area for the assembly or for the set-up or dispersal of an assembly could not physically accommodate the number of participants expected to participate in the assembly, as reflected in the application completed and submitted pursuant to the requirements of this chapter; or
(E) 
The assembly would result in a violation of any federal, state or local law or regulation.
If the city manager makes a finding requiring denial pursuant to that subsection, the city manager shall immediately provide notice of the denial, including the reason for the denial, by telephone to the permittee and shall also provide written notice of the denial including the reason for the denial. If the permittee provides an email or fax number for the purpose of receiving notices, the city manager shall provide written notice of the denial by email or fax immediately upon making the denial decision.
(k) 
Not-for-profit fundraiser sales.
(l) 
Educational Institutions. All events held on the property of the institution are exempt, unless serving alcohol or traffic control is needed, as determined by the chief of police.
(m) 
The following filming and videoing are exempt:
(1) 
Film amateurs making films and assisted by no more than one other person;
(2) 
Filming of news events;
(3) 
Filming activities conducted at studios;
(4) 
Filming activities conducted for use in a criminal investigation or civil or criminal court proceeding;
(5) 
Small photography shoot.
(Ord. 765 § 5, 2018)
The following prohibitions shall apply to all demonstrations, rallies, picket lines, parades and assemblies:
(a) 
It is unlawful for any person to carry any sign, poster, plaque, or notice, unless such sign, poster, plaque, or notice is constructed solely of a cloth, paper, or cardboard material no greater than one-quarter inch in thickness.
(b) 
It is unlawful for any person to carry, possess or wear any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases.
(c) 
It is unlawful for any person to fail to abide by the instructions of a traffic control officer given for the purpose of accommodating traffic, including emergency vehicles, through and across a parade route, demonstration, rally, picket line or assembly.
Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for providing mobility so that the person may participate in a demonstration, rally, picket line, parade or assembly.
(Ord. 765 § 5, 2018)
(a) 
Applicability of Code. All temporary uses and special events shall otherwise comply with the requirements of this code including Chapter 7.10 (Drug Free Zones), Chapter 7.24 (Sound Amplifying Equipment), Chapter 7.25 (Prohibited Noise Making Conduct), Chapter 7.26 (Public Parks Regulations), Chapter 7.29 (Use of Certain Devices in Demonstrations, Rallies, Picket Lines and Public Assemblies Prohibited), and Chapter 12.04 (Construction Codes Adopted).
(b) 
Obstruction of Exits and Aisles.
(1) 
No person shall block, impede, or obstruct any exit to a public way or any access to a building, structure or premises, in such a manner as to prevent or interfere with the use of such exits or access by any person who is exiting or entering said occupied building, structure, or premises.
(2) 
In every building other than single-family dwellings, there shall be maintained at all times, one unobstructed aisle which leads to each required exit. Each required aisle shall have a minimum width of forty-four inches.
(3) 
An exit walkway with a minimum width of forty-four inches shall be maintained continuously to a public way.
(4) 
The chief of police shall determine whenever exit paths to a public way need to be clearly delineated to safeguard and preserve the exit paths. The chief of police may require the exit paths to be protected and identified by painted lines, railings, barrier posts, walks or other approved means.
(5) 
No person shall park any vehicle, or place any power truck, hand dolly, delivery rack, refuse or waste container, or any other object in an exit, or in any other manner so as to obstruct the exit.
(6) 
No person shall store or maintain any hazardous material, or other material of any kind, adjacent to any exit in a manner which would obstruct the exit, elevator, or render egress hazardous in case of fire or any other emergency.
(Ord. 765 § 5, 2018)
(a) 
A temporary use permit application shall be submitted to the community development department and a special event permit shall be submitted to the city hall. An application shall be submitted at least thirty calendar days prior to the special event, unless otherwise waived by the community development department or the chief of police. The applicant must execute a written agreement in which applicant agrees to pay the costs of required city services.
(b) 
Application forms submitted pursuant to subsection (a) of this section shall be fully and truthfully completed by the applicant. Failure to fully and truthfully complete the application form shall be grounds for denial or revocation.
(c) 
If admission fees or donations are to be collected and/or food, liquid refreshments or physical articles are to be sold at the event, the applicant must present proof of federal and/or state tax exemption status or present a copy of a valid city business license and tax certificate and a food handling permit if applicable before the permit may be issued.
(d) 
If music, dance or any other form of entertainment activity requiring sound amplification equipment is to be provided or allowed at the event, the applicant must so state on the application form and must provide assurance that the city’s noise ordinance will not be violated as a result of the activity. Any event in the city with amplified music after ten p.m. shall obtain approval by the city council.
(e) 
Upon application, the applicant shall state the name and address of the facility, and identify the type of facility, where the event will take place. Before the permit may be issued, the applicant shall be required to present a photocopy of a valid city dance hall, cabaret, or other applicable permit or license which authorizes the use of the facility for this type of activity or event. Further, the applicant shall complete the portions of the application which require identification of any occupancy restrictions or other conditions for use imposed by the city on the designated facility.
(f) 
Upon application, the applicant shall pay a fee as established by the city’s master fee schedule or as otherwise set by approved resolution of the city council. The city council shall have the discretion to waive fees.
(Ord. 765 § 5, 2018)
An application for a temporary use permit or special event permit shall provide the following information:
(a) 
The name, address, telephone number, and date of birth of applicant and an alternative contact person. If a temporary use permit or special event permit is proposed to be sponsored by one or more organizations, the name, address and telephone number of the organizations, and the president(s) of the organization.
(b) 
The name, address and telephone number of the person who will be present and in charge at the time of the special event.
(c) 
The nature and purpose of the event, including hours and dates of operation.
(d) 
The proposed date, location(s) and estimated starting and ending time of the event.
(e) 
Estimated number of persons anticipated at the event.
(f) 
Description of any sound amplification equipment which will be used at the event.
(g) 
Whether any food or alcoholic and/or nonalcoholic beverages will be sold at the event.
(h) 
Whether monitors or security persons will be utilized at the event.
(i) 
Parking contingencies planned for the event.
(j) 
If the event is to be conducted on private property, the applicant must submit with the application proof of the property owner’s permission for the property to be used for that purpose.
Any supplementary information which either the community development director finds reasonably necessary for temporary use permit applications, or the chief of police finds reasonably necessary for special event permit applications to determine whether to approve or conditionally approve a permit.
(Ord. 765 § 5, 2018)
(a) 
Circuses. In addition to the other requirements, applicants seeking a permit for a circus event which includes any performance or entertainment by trained animals or restricted animals shall also provide:
(1) 
An inventory of all the restricted and other animals, whether they are performing or not, that will be present in the city during the stated duration of the permit, and any restricted species permit issued under California Code of Regulations, Title 14, Section 671.1, along with a copy of the submitted California Department of Fish and Game Application Form FG1312 and “Restricted Species Nonresident Exhibiting Permit Itinerary”.
(2) 
The names of the on-site manager, and all persons who are the primary handlers of each type of restricted and other animals that will be present in the city.
(3) 
Copies of most recent USDA inspection reports registration, and licenses for restricted animals.
(4) 
Other pertinent information which the community development director requests.
(b) 
Parades and Assembly. In addition to the other requirements, applicants seeking a permit for a parade or assembly event shall also provide:
(1) 
The location, including the assembly area, disbanding area, and the route to be traveled;
(2) 
An estimate of the approximate number of persons who will be participating in the parade or assembly and an estimate of the approximate number of persons who will be observing the parade or assembly;
(3) 
The type of security or other arrangements that will be provided to assure that participants are properly directed;
(4) 
The minimum and maximum speeds that the parade is to travel, if applicable, and the maximum number of platoons or units, if any, in the parade or assembly and the maximum and minimum interval of space to be maintained between the units of such parade or assembly;
(5) 
The maximum length of such parade or assembly in miles or fractions thereof;
(6) 
The number and type of vehicles in the parade or assembly, if any;
(7) 
A road closure map, should the applicant wish to conduct the event within the public right-of-way; and
(8) 
Traffic control plan with proposed detour routes, if necessary.
(Ord. 765 § 5, 2018)
(a) 
The community development director shall approve, conditionally approve, or deny a temporary use permit application based on the grounds specified in this chapter. The chief of police shall approve, conditionally approve, or deny the special event permit application based on the grounds specified in this chapter.
Such action shall be taken not later than fifteen calendar days after the filing of a complete application. The applicant shall be notified of any conditions of approval pursuant to this chapter.
(b) 
If the application is denied or conditionally approved, the applicant shall receive a written notice of the grounds for denial, or of the reason for the imposition of conditions.
(c) 
Supplemental information considered to make a decision in addition to the information contained in the application shall be provided to the applicant at the time a written determination is finalized.
(Ord. 765 § 5, 2018)
The community development director may impose additional conditions to a temporary use permit, and the chief of police may impose additional conditions to a special event permit in the exercise of the chief of police’s reasonable discretion when conditionally granting a permit, including, but not limited to:
(a) 
Requiring the applicant or other responsible party to retain or hire one or more security officers to provide security at and during the event, said security officers shall be present and on duty at all times during the event.
(b) 
Requiring the applicant or other responsible party to be personally present at all times during the event.
(c) 
Requiring the applicant or other responsible party to provide a working telephone where the applicant or responsible party can be reached directly at all times during the event.
(d) 
Requiring the posting of the event permit at the event facility or location.
(e) 
Requiring a refundable security deposit before issuance of the permit toward the costs of city services and/or cost of damages to public facilities that may be associated with such an event.
(f) 
Requiring provision of medical services on-site on a case-by-case basis and/or in consideration of the applicant’s previous history.
(g) 
Requiring in the case of live performances the actual name and stage name of every act performing.
(h) 
Requiring the submission of copies of all promotional materials simultaneously with the posting or distribution of said materials. All promotional materials must identify the promoter and must not be posted or affixed to or on city or public property.
(i) 
Requiring proof of liability insurance in the amount required by the city, as may be set by council resolution. The applicant shall procure and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the state of California, which policy includes the city and/or the agency, its officers, agents, employees, attorneys, and authorized volunteers as named insureds or additional named insureds, and which provides coverage that the city manager or chief of police determines to be necessary under the circumstances as prescribed in regulations issued by the city manager. Proof of insurance shall be submitted to the city prior to the issuance of the temporary use permit or special event permit and maintenance of this insurance shall be a condition of the permit.
(j) 
Requiring that prior to the issuance of the temporary use permit or special permit, the applicant must sign an agreement in a form approved by the city agreeing to the applicant to agree to indemnify, protect, defend and hold harmless the city and/or agency, its officers, employees, agents, attorneys and authorized volunteers against all claims, damages, expenses, loss, or liability of any kind or nature whatsoever resulting from the alleged willful or negligent acts or omissions of the applicant, its officers, agents, employees, responsible party, or third parties in connection with the event authorized by the temporary use permit or special event permit insofar as permitted by law.
(k) 
Requiring such other additional conditions as are reasonably believed to be necessary to protect the public health, safety, welfare and order, as well as the health and welfare of restricted and other animals, and to minimize adverse impacts upon the surrounding neighborhood and the general community.
(l) 
Requiring advanced payment to the city for all costs related to delivery, set-up and removal or road closure and traffic control requirements.
(Ord. 765 § 5, 2018)
Temporary use and special event permits may be denied based upon any of the following non-exclusive grounds:
(a) 
Information contained in the application, or supplementary information requested from the applicant, is false in any material detail.
(b) 
The applicant has failed to provide a complete application form after having been notified of the requirement of producing additional information or documents.
(c) 
The applicant has not submitted a completed application form in the time provided pursuant to this chapter.
(d) 
The applicant has previously had a permit revoked, in the city or in another jurisdiction, for violation of permit conditions or for unlawful conduct relating thereto and it is reasonably believed that similar violations or unlawful conduct will again occur.
(e) 
The granting of the permit will have an adverse impact upon the public health, safety, welfare or order.
(f) 
The granting of the permit will result in substantial adverse impacts (including, but not limited to, noise, litter, traffic and congestion) upon the surrounding neighborhood or the community in general.
(g) 
Another complete special event application has been previously filed for a different event at the same time and place requested by the applicant, or so close in time and place as to cause traffic congestion or a demand for law enforcement services which the police department determines it is unable to safely meet without potentially adversely impacting public health or safety.
(h) 
The time, duration, or size of the event will unduly interrupt the safe and orderly movement of pedestrian or vehicular traffic in the immediate vicinity of the event, or unduly disrupt the use of a street at a time when it is usually subject to great traffic congestion.
(i) 
The concentration of persons, animals and vehicles at the site of the event will prevent proper police, fire, ambulance, or other essential public services to areas contiguous to the event.
(j) 
The size or duration of the event will require diversion of so great an amount of police services that providing for the minimum level of law enforcement services to other areas of the city is jeopardized.
(k) 
The event will substantially interfere with construction or maintenance work scheduled to take place upon or along the city streets or a previously granted encroachment permit.
(l) 
The event will occur at a time and place where the noise created by the activities of the event will substantially disturb or disrupt the activities of such institutions as schools and hospitals.
(m) 
Responsible parties have failed to pay the city for previous temporary use permit or special event permit fees, costs, or actual damages caused to the city by the temporary use or special permit.
(n) 
The community development director shall state, in writing, the reasons for the denial of a temporary use permit. The chief of police shall state, in writing, the reasons for the denial of a special event permit. An applicant shall have five days, from the date of the issuance of the denial, to request reconsideration. The request for reconsideration must be submitted to the city clerk within five days. The city clerk shall submit the request for reconsideration to the community development director for temporary use permit applications and to the chief of police for special event permit applications. The request for reconsideration shall be in writing and shall state any and all reasons of any nature why the denial should be reversed. Within a reasonable period of time, the applicant shall receive either: (1) a written decision granting or denying the request; or (2) a notice of hearing on the request for reconsideration.
(Ord. 765 § 5, 2018)
A temporary use permit or special event permit may be revoked or suspended at any time, including during the event, by the community development or the chief of police as follows:
(a) 
Grounds for suspension or revocation. Any of the following will constitute a basis for suspension or revocation of a temporary use permit or special event permit:
(1) 
Violation of any of the imposed permit conditions.
(2) 
Failure to obtain and post any permit required by the State Alcoholic Beverage Control Board to serve alcoholic beverages.
(3) 
The occurrence of unlawful or criminal activity during the event.
(4) 
The creation of a heightened risk to public health, safety or welfare, whether or not caused by the applicant in whole or in part.
(5) 
Any grounds stated in this chapter.
(b) 
If, in the discretion of the enforcing official, there are no immediate health, safety or welfare risks/violations, the following steps shall be taken:
(1) 
An oral warning with an opportunity to bring issue into compliance in a reasonable period of time as determined by the community development director for a temporary use permit application and the chief of police for a special event permit application. The applicant or other responsible party shall be informed that failure to timely comply may result in suspension or revocation of the temporary use permit or special use permit.
(2) 
If the violation is not resolved within the period of time required, a written notice revoking the event permit shall be sent or provided to the applicant or other responsible party. In the discretion of the enforcing official, the temporary use permit or special use permit may be temporarily suspended pending submission of a written request for reconsideration.
(3) 
The applicant or other responsible party shall have five days to appeal the revocation by submitting a written request for reconsideration to the city clerk. The city manager shall conduct an administrative hearing and render a decision within a reasonable period of time of receiving the request for reconsideration.
(c) 
If, in the discretion of the enforcing official, there are immediate health, safety or welfare risks/violations, the following steps shall be taken:
(1) 
The event shall be shut down immediately based on an oral statement and citation in writing from the community development director for temporary use permits application and the chief of police for a special event permits application.
(2) 
The applicant or responsible party shall have five days to appeal the decision and submit a request for reconsideration in writing to the city clerk. The city manager shall conduct an administrative hearing and render a decision within a reasonable period of time of receiving the request for reconsideration. If the decision to revoke is sustained by the city manager, revocation of the temporary use permit or special use permit shall become effective immediately.
(d) 
Nothing in this chapter shall limit the authority of the chief of police, fire chief, or any other official or regulatory body from exercise of its police powers or any other authority granted to it by law. All remedies and enforcement procedures set forth herein shall be in addition to, and not limit or otherwise preclude, any other legal or equitable remedies provided by law.
(Ord. 765 § 5, 2018)
(a) 
Criminal Penalties and Enforcement. Violations of the provisions of this chapter, or the provisions of any chapter adopted by reference within the King City Municipal Code for conduct that is not otherwise considered lawful under state law, shall be considered misdemeanors and are punishable in accordance with Section 1.04.010 of this code. Each and every day, or portion thereof, a violation exists is a new and separate offense. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations.
Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders the provisions of this chapter, or the provisions of any chapter adopted by reference within the King City Municipal Code unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this chapter.
In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the city attorney may elect under which to proceed.
(b) 
Administrative Penalties.
(1) 
The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed misdemeanors under the King City Municipal Code shall be as follows:
(A) 
First administrative citation: two hundred fifty dollars per violation;
(B) 
Second administrative citation: five hundred dollars per violation;
(C) 
Third administrative citation: one thousand dollars per violation; and
(D) 
One thousand dollars per violation for each subsequent administrative citation.
(2) 
The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed infractions under the King City Municipal Code shall be as follows:
(A) 
First administrative citation: one hundred dollars per violation;
(B) 
Second administrative citation: two hundred dollars per violation;
(C) 
Third administrative citation: five hundred dollars per violation; and
(D) 
Five hundred dollars per violation for each subsequent administrative citation.
(Ord. 765 § 5, 2018)
In addition to any fine, penalty, or other enforcement action available under this chapter, state law, or federal law, the community development director shall not issue a temporary use permit and the chief of police shall not issue a special event permit to an applicant who has committed a violation of this chapter. The length of time that such an application must be denied will be no less than twelve months for less serious violations, and no longer than sixty months for the most serious violations, measured from the date the violation was committed.
(Ord. 765 § 5, 2018)
(a) 
Prepayment of Fees. Before issuance of a temporary use permit or special event permit, the chief of police shall provide the applicant with a statement of the estimated cost of providing extra police officers or other public safety personnel for the event and additional traffic control fees, if needed. The applicant/responsible party shall be required to pay these fees at a minimum two weeks in advance of the event.
(b) 
Computing Extra Public Safety Services. The extra law enforcement and other public safety services shall be computed by determining the number of public safety personnel who will be required for the event beyond that which would otherwise be required at that time, multiplied by the number of hours for which such additional service is rendered at the rate of the city’s full cost of providing personnel on an hourly basis as established by the master fee schedule. Such personnel to perform the additional public safety services shall be determined by the chief of police in the number the chief of police determines is reasonably necessary for the event. Public safety personnel who are employees of the city are subject to the sole direction of the chief of police or other supervising official.
(c) 
Refunds or Additional Charges. If the actual cost for extra public safety services on the date of the event is less than the estimated cost pursuant to subsection (a) of this section, the applicant/responsible party will be promptly refunded the difference by the city from the general fund. If more service hours are required than originally charged, the applicant or responsible party will be billed the additional costs. Payment of additional costs shall be due within fifteen days of the date the bill is deposited in the mail. If full payment is not received within the required time for payment, the applicant or responsible party is subject to interest charges at the maximum legal rate computed from the date the payment period expires. If the event is cancelled less than five business days prior to the scheduled event, a cancellation fee will be assessed.
(d) 
Failure to Reimburse for Additional Public Safety Services. The cost of any extra public safety services pursuant to subsection (c) of this section shall be collected from the applicant or responsible party in any manner prescribed by law, including, but not limited to, placement of a lien on the applicant or responsible party’s property and/or obtaining of a judgment in civil court. This remedy is in addition to all other civil and criminal remedies available to the city.
(e) 
Cost Assessed. The costs assessed against an applicant or responsible party for the cost of extra public safety services pursuant to subsection (c) of this section shall include the cost of:
(1) 
Salaries (including overtime), benefits, and administrative overhead of the public safety personnel providing the services;
(2) 
Medical treatment for public safety personnel injured while providing services;
(3) 
Replacing or repairing city property damaged while providing the services; and
(4) 
Making arrests while providing the services.
(f) 
Requested Hearing. Any applicant or other responsible party billed for additional extraordinary law enforcement services pursuant to subsection (c) of this section may request a hearing on the matter before the city council. In order to obtain a hearing, the applicant or responsible party shall file a written request with the city clerk within ten days of the date the invoice was mailed by the city. The request shall state the grounds for appeal. When a written appeal is filed by the applicant, a city council hearing shall be set within ten and not more than forty-five days following the filing of the appeal. The applicant or responsible party shall be notified of the date, time and place of the city council hearing.
(g) 
Liability. The responsible parties are all and each severally liable for the cost of additional city services, and any damages sustained by the city arising from the temporary use permit or special event permit.
(Ord. 765 § 5, 2018)