It is the purpose of this chapter to establish a process for permitting community events to use city streets, parks, open space, facilities or services in accordance with this chapter, Chapter 12.20 and any implementing regulations adopted by the city council, city manager, or recreation services director as appropriate. The city recognizes the substantial community benefits that may result from community events. They can provide cultural enrichment, promote economic vitality and enhance community identity. They may also provide funding opportunities for service organizations. The purpose of this chapter is to provide a coordinated process for managing community events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at the community events, and to protect the rights of community event permit holders. It is also the intent of the council to protect the rights of people to engage in expressive activities in the city's public places and to establish the least restrictive and reasonable time, place and manner of regulation of these activities. It is further intended to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of events.
(Ord. 385 § 2, 2009)
Except as otherwise provided by this chapter or other applicable
law, rule or regulation or any permit or license issued hereunder
or pursuant to the terms of a permit, lease, or contract which has
been specifically authorized by the city council, a community event
permit shall be required to be obtained from the recreation services
director, or designee, for the following activities:
A.
A parade,
procession, march or assembly consisting of persons, animals, vehicles,
or any combination thereof, which is to assemble or travel in unison
on any public street, highway, alley, sidewalk or other city-designated
public way and which either (1) may impede, obstruct, impair, or interfere
with free use of such public street, highway, alley, sidewalk, or
other public way owned, controlled, or maintained by the city or (2)
does not comply with normal or usual traffic regulations or controls;
B.
Any activity or event involving seventy-five or more persons on city owned, controlled, or maintained property not subject to the requirements of subsection A of this section;
C.
Any
activity or event on public property which requires the placement
of a tent, canopy, or other temporary structure if that placement
requires a permit from the city's fire department or community development
department;
D.
Notwithstanding
the above, events at facilities located on city property that are
predominantly used and approved by the fire department or the community
development department as assembly spaces do not require a community
event permit so long as such events do not require a street closure
or traffic diversion or require the use of public property that does
not constitute an assembly space. For the purposes of this subsection,
assembly spaces include, but are not limited to, the Lemon Grove Community
Center, Lemon Grove Senior Center and the Lemon Grove Recreation Center.
E.
School
grounds and other property owned by the Lemon Grove Unified School
District are exempt from the requirements of this chapter for school
sponsored events. Private events held on school property are subject
to the requirements of this chapter.
F.
Long-term
lessees of city owned, controlled, or maintained property may receive
an annual community event permit which authorizes a specified number
of community events at that property for the term of the permit so
long as the community event otherwise complies with the requirements
of this chapter.
G.
Events using a ball field, gazebo or picnic shelter at a park or recreation area with more than twenty-five persons, but less than seventy-five, shall be subject to this chapter with permit conditions based upon the provisions of the Lemon Grove Municipal Code, Sections 12.20.340 and 12.20.350, along with any implementing regulations adopted thereunder.
H.
Spontaneous
events, which are occasioned by news or affairs coming into public
knowledge less than forty-eight hours prior to such event, may be
conducted at Civic Center Park without the organizers first having
to obtain a community event permit. If practicable, the organizers
should give notice to the city's recreation services director at least
four hours prior to the event informing the city of the date and time
of the event and providing an estimate of the approximate number of
persons who will be participating.
Events that require advance planning such as recreation events,
competition/contests/spectator sports fairs, festivals, carnivals,
ticketed events, sales/trade shows or events which require a permit
from the recreation services director or the fire department for the
placement of structures shall not be considered spontaneous events.
(Ord. 385 § 2, 2009)
A.
To
receive a community event permit, a person must complete and file
a community event application with the recreation services director,
on a form approved by the city. The applicant must provide the following
information:
1.
A
description of the proposed use, event, or activity;
2.
The
street or public property and specific area or areas thereof which
will be utilized in connection with the proposed use, event, or activity;
3.
The
manner in which the public property will be utilized;
4.
The
date or dates and the specific times thereof, including set-up and
tear-down, that the public property is to be utilized for the described
use, activity, or event;
5.
The
name, address and telephone number of the person, entity or organization
sponsoring or conducting the proposed event;
6.
The
name, address and telephone number of the person or persons to be
contacted regarding the application or permit.
B.
The
recreation services director may refer the application to such city
departments or personnel, as the director deems necessary from the
nature of the application for review, evaluation, investigation and
recommendations regarding approval or disapproval of the application.
(Ord. 385 § 2, 2009)
Subject also to Section 10.40.050, the recreation services director shall issue a community events permit, if it is determined that all of the following criteria have been met:
A.
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.
B.
The
preparation for or the conduct of the proposed use, event or activity
will not unreasonably or unfeasibly burden city resources necessary
to preserve the public's use of the street in the area contiguous
to the street or other public property.
C.
The
preparation for or the conduct of the proposed use, event or activity
will not unduly impede, obstruct, or interfere with the operation
of emergency vehicles or equipment in or through the particular permit
area or adversely affect the city's ability to perform municipal functions
or furnish city services in the vicinity of the permit area.
D.
The
proposed use, event, or activity does not otherwise present a substantial
or unwarranted safety, noise, or traffic hazard.
E.
The
proposed event will be of a nature and size appropriate to the proposed
venue, location, or site, will occur during a time period approved
for that venue, location, or site, and will fall within the frequency
limitations established by administrative guidelines adopted pursuant
to this chapter.
F.
The
proposed event will not include live animals in parks, except participants
with dogs on leashes per city regulations.
G.
A transportation
management/parking plan has been approved for the event by the city
engineer or designee to the extent such a plan is required by implementing
regulations.
H.
The
proposed event will not cause other adverse impacts on health or safety
to surrounding residential or commercial uses, which cannot be effectively
mitigated.
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In deciding whether to approve an application, no consideration
may be given to the message of the event, the content of speech, the
identity or associational relationships of the applicant, or to any
assumptions or predictions as to the amount of hostility which may
be aroused in the public by the content or speech or message conveyed
by the event.
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(Ord. 385 § 2, 2009)
The recreation services director shall deny an application for
a community events permit or revoke a permit if he or she finds any
of the following:
B.
The
applicant has knowingly made a false, misleading or fraudulent statement
of fact to the city in the application process;
C.
The
application does not contain the information required by this chapter;
D.
The application does not satisfy the applicable requirements of this chapter, Chapter 12.20 or the administrative regulations adopted thereunder;
F.
The
applicant fails to agree as a condition of permit issuance that if
city property is destroyed or damaged by reason of permittee's use,
event or activity and the damage or destruction is directly attributable
to the permittee, the permittee shall reimburse the city for the actual
replacement or repair cost of the destroyed or damaged property.
(Ord. 385 § 2, 2009)
A.
Except
as otherwise provided by this code or any other applicable law, rule
or regulation, or by the terms of a permit, license, lease or contract
which has been specifically authorized by the city council, the permit
application fees and other additional fees and charges, including
neighborhood notification fees, for the use of city streets or other
city-owned or controlled property pursuant to this chapter shall be
established by the city council by resolution.
B.
An
indigent natural person who cannot apply for a permit because of an
inability to pay the application fee due to such indigence may not
be required to pay the fee in accordance with administrative regulations
or guidelines adopted pursuant to this chapter. Application for indigent
status shall be made at the time of permit application and shall be
accompanied by such relevant information and documentation as may,
in the opinion of the city manager or designee, be reasonably necessary
to verify such status. For purposes of this section, "indigent natural
person" means:
1.
A
person who is receiving benefits pursuant to the Supplemental Security
Income (SSI) and State Supplemental Payments (SSP) programs (Sections
12200 to 12205, inclusive, of the California Welfare and Institutions
Code), the California Work Opportunity and Responsibility to Kids
Act (Cal WORKs) program (Chapter 2, commencing with Section 1 1200
of Part 3 of Division 9 of the California Welfare and Institutions
Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.) or Section
17000 of the Welfare and Institutions Code;
2.
A
person whose monthly income is one hundred twenty-five percent or
less of the current monthly poverty line annually established by the
Secretary of Health and Human Services pursuant to the Omnibus Budget
Reconciliation Act of 1981, as amended.
(Ord. 385 § 2, 2009)
Any applicant aggrieved by an adverse decision under Section 10.40.040 or 10.40.050 may appeal such decision to the city manager by filing a written notice of such appeal with the city manager's office within five business days of the decision. The city manager shall decide the appeal within one working day. The decision shall be final except for judicial review. Judicial review for matters involving expressive conduct under this chapter shall be subject to the expedited review process established under California Code of Civil Procedure Section 1094.8. Any agreement to follow the process established under Section 1094.8 shall not be deemed an admission regarding the type of conduct at issue.
(Ord. 385 § 2, 2009)
It is unlawful for any person to interfere with a community
event permitted under this chapter by engaging in the following acts
when done with the intent to cause interference:
A.
Blocking,
obstructing, or impeding the passage of participants, vehicles, or
animals in the community event along the community event route;
B.
Walking
or running, driving a vehicle, riding a bicycle or skateboard, or
using any similar device through, between, with, or among participants,
vehicles, or animals in the community event;
C.
Dropping,
throwing, rolling, or flying any object toward, among, or between
participants, vehicles, or animals in the community event;
D.
Grabbing
at, taking hold of, hitting, pulling, or pushing any participant,
vehicle, or animal in the community event or anything in the possession
of any participant in the community event;
E.
Throwing,
squirting, dumping, or dropping any liquid or gaseous substance on,
toward, among, or between participants, vehicles, or animals in the
community event;
F.
Vending
or offering for sale any food or merchandise from the roadway, curb
to curb, on a community event route during the hours the community
event route is closed to normal motor vehicle traffic, without first
having obtained the written permission of the person holding the permit
for the community event, in addition to any permits and/or licenses
required for such activity by the city or any other governmental entity.
(Ord. 385 § 2, 2009)
Each permittee shall execute a hold harmless agreement in a
form approved by the city agreeing to defend, indemnify, and hold
harmless the city against losses and liabilities incurred from the
conduct of the permittee or its officers, employees, and agents.
(Ord. 385 § 2, 2009)
A.
Except
as otherwise prohibited by law or an exemption is obtained as provided
by this chapter and the implementing regulations, the permittee 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, which policy includes the city, its boards,
officers, agents, employees, and volunteers as named insureds or additional
named insureds and which provides the coverage that the risk manager
determines to be necessary and adequate under the circumstances. Proof
of insurance shall be submitted to the city prior to issuance of the
permit and maintenance of this insurance shall be a condition of the
permit.
B.
If
the risk manager determines that a particular use, event, or activity
which is for a permit period of no more than one day does not present
a substantial or significant public liability or property damage exposure
for the city or its officers, agents, employees, or volunteers, the
risk manager may give a written waiver of the insurance requirements
of this section.
(Ord. 385 § 2, 2009)
The permit holder may install temporary or nonpermanent sign(s)
identifying or pertaining to the community event, or designee, within
the event site as defined in the community event permit. The logo
of a commercial sponsor may be included on a small area of the temporary
sign, not to exceed one square foot or five percent of the banner
area, whichever is smaller, provided said sign(s) are internally oriented.
However, the logo of tobacco sponsors shall be prohibited.
Directional signs for walks and races may be installed by the
permit holder, or designee, provided that each sign is less than two
square feet in size, attached to a street light or other utility pole
at a height of between five and six feet without damaging the finish
of the pole, and installed less than two hours prior to the start
of the event and removed within one hour of the completion of the
event. A plan showing the type and location of the proposed directional
signs must be submitted as part of the community event permit application
and be approved by the city. The city may remove signs that do not
meet the installation and removal requirements of this section and
shall charge the permittee for the cost of this removal.
(Ord. 385 § 2, 2009)
A.
In
addition to the payment of the nonrefundable permit application fee
and as detailed in the administrative guidelines adopted pursuant
to this chapter, a permittee shall pay the city for city departmental
service charges incurred in connection with or due to the permittee's
activities under the permit unless the event was city-produced or
city co-produced.
B.
City
departments shall submit the final invoices and billings for departmental
service charges to the permittee no later than ten working days after
the expiration date of the permit.
C.
A permittee
who claims an inability to pay departmental service charges due to
indigency may have these charges waived in accordance with administrative
regulations or guidelines adopted pursuant to this chapter. Application
for indigent status shall be made at the time of permit application
and shall be accompanied by such relevant information and documentation
as may, in the opinion of the city manager or designee, be reasonably
necessary to verify such status. For purposes of this section, "indigent
natural person" means:
1.
A
person who is receiving benefits pursuant to the Supplemental Security
Income (SSI), State Supplemental Payments (SSP) programs (Sections
12200 to 12205, inclusive, of the California Welfare and Institutions
Code), the California Work Opportunity and Responsibility to Kids
Act (CalWORKS) program (Chapter 2 commencing with Section 11200 of
Part 3 of Division 9 of the California Welfare and Institutions Code),
the Food Stamp program (7 U.S.C. Section 2011 et seq.), or Section
17000 of the Welfare and Institutions Code;
2.
A
person whose monthly income is one hundred twenty-five percent or
less of the current monthly poverty line annually established by the
Secretary of Health and Human Services pursuant to the Omnibus Budget
Reconciliation Act of 1981, as amended.
D.
An organization in which a majority of the members meet the criteria for indigent status, as established in subsection C of this section, may also be eligible for waiver of departmental service charges.
E.
No
permittee shall be required to provide for or pay for the cost of
public safety personnel to provide for the protection of a community
event and its attendees from hostile members of the public or counter-demonstrations
or for general law enforcement in the vicinity of the event.
(Ord. 385 § 2, 2009)
A.
Subject
to the requirements of this chapter, a community event permit may
be issued for a march, procession, or parade in only one direction
on the following streets: starts at Washington Street and Broadway,
proceeding West on Broadway to Lemon Grove Avenue, South on Lemon
Grove Avenue to the termination of the route at Montana Street.
B.
Minor adjustments to the routes established in subsection A of this section may be authorized by the recreation services director to the extent necessary to avoid construction or other obstructions, which would prevent the parade from proceeding on the established route.
C.
Subject
to all other applicable requirements of this chapter, this section
does not prohibit the issuance of a community event permit for marches
or processions on other streets so long as through and cross-traffic
can be preserved and the safety of the marchers can be maintained.
D.
Marches
and processions may not be conducted on streets classified by the
city as arterial streets between the hours of seven a.m. to nine a.m.
and four p.m. to six p.m. on business days unless the march or procession
is being conducted to coincide with another event, not organized or
planned by the permittee, which is occurring on or adjacent to the
arterial street upon which the march will be conducted.
(Ord. 385 § 2, 2009)
The procedures and criteria for conducting races/runs/walks
shall be as follows:
A.
There
shall be ten-kilometer routes and a five-kilometer route established
by the community services director in consultation with the city engineer.
Said routes shall be established based on criteria which consider
the safety of the participants, spectators and members of the community.
The potential disruption of traffic flows shall also be taken into
consideration when routes are established.
B.
Four
races/walks/runs per route shall be allowed each year with no more
than one per quarter on any one route.
C.
No
vehicular races shall be permitted.
D.
Events
which include multiple modes of travel (e.g., walking, running, and
bicycling) shall be permitted so long as the start times for different
modes of travel are staggered.
E.
In addition to the routes established by subsection A of this section, races/walks/runs may be permitted on other streets in the city so long as the majority of the race/walk/run occurs outside of the city and that portion of the race/walk/run within the city does not exceed one-half mile in length.
(Ord. 385 § 2, 2009)
A copy of the community event permit shall be displayed at the
community event site and shall be exhibited upon demand of any city
official.
(Ord. 385 § 2, 2009)
It is unlawful for the permittee conducting a community event
to use the words "the City of Lemon Grove," to suggest or indicate
that the event is sponsored by the city or to use a facsimile of the
seal or logo of the city of Lemon Grove in the promotional materials
or advertising for the event without the city's authorization.
(Ord. 385 § 2, 2009)
The city manager, or designee, which may include the recreation
services director, shall adopt administrative regulations that are
consistent with and that further the terms and requirements set forth
within this chapter. All such administrative regulations must be in
writing.
(Ord. 385 § 2, 2009)
The issuance of a community events permit does not relieve any
person from the obligation to obtain any other permit or license required
pursuant to this code.
(Ord. 385 § 2, 2009)
Any person who intentionally violates any of the provisions
of this chapter shall be guilty of a misdemeanor or infraction at
the discretion of the city attorney.
(Ord. 385 § 2, 2009)
Nothing in this chapter limits the authority of the city to
permit special events and attendant activities on public property.
(Ord. 385 § 2, 2009)
