[1]
Prior ordinance history: prior code §§ 18.18—18.24, Ord. 141.
This chapter shall be known as the “San Pablo special events ordinance.” This chapter establishes standards and procedures for the issuance of permits for public assemblies, parades, and other special events in the city of San Pablo. Because it is recognized that such special events enhance the lives of and provide benefits to its citizens, this chapter establishes a process for permitting special events conducted by the private sector to use city streets, parks, facilities, and/or services. The purpose of this chapter is to protect the public health and safety of the citizens of San Pablo, to preserve the rights of individuals to engage in expressive activity protected under the First Amendment through reasonable time, place, and manner regulation of those activities, to prohibit illegal activities from occurring at the events, to regulate competing uses of public fora, to maintain parks and streets in attractive and intact conditions, to regulate streets to protect and insure the safety, comfort or convenience of the public, to provide for the recovery of costs to the city directly flowing from these events, and to provide timely notice to the city of the need for additional public safety and other services. This chapter shall only apply to events that fall within the definitions set forth below.
This chapter generally regulates such assemblies of seventy-five or more people gathering for a common purpose, or other special events with a substantial impact on the public rights-of-way or other public spaces. The city council finds that requiring permits for such gatherings is a reasonable restriction because in a city the small size of San Pablo, approximately two and one-half square miles, with few if any large open public spaces, and a limited police and public works staff, even seventy-five or fewer people impacting the public right-of-way without sufficient prior knowledge and preparation by city staff can and will have adverse impacts upon the health, safety and welfare of the residents of the city. Small public safety and public works departments can have great difficulty in quickly arranging schedules and resources to adequately deal with impacts to the public health, safety and welfare, and therefore adequate time is needed to respond to applications under this chapter.
(Ord. 2010-004 § 2 (part), 2010)
“Chief of police”
means the chief of police or his or her authorized deputy.
“Expressive activity”
means any assembly, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of a particular opinion, view, or idea, 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.
“Person”
means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or manager, lessee, agent, servant, officer or employee of any of them, except where the context clearly requires a different meaning.
“Special event”
means:
A. 
Any organized formation, parade, procession, demonstration or assembly which may include persons, animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any street, sidewalk or other public right-of-way owned or controlled by the city which does not comply with applicable traffic regulations, laws or controls; or
B. 
Any organized assemblage of seventy-five or more persons at public open spaces in which the city needs to regulate competing uses or provide for additional public safety or other public services, or other public spaces such as sidewalks and streets, which is to gather for a common purpose under the direction or control of a person; or
C. 
Any other organized activity in public open spaces or other public spaces such as sidewalks and streets involving seventy-five or more persons conducted by a person for a common or collective use, purpose or benefit which is likely to significantly interfere with the use of the public property or right-of-way or which will not comply with traffic regulations.
D. 
Examples of special events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights-of-way.
“Special event permit”
means a permit issued under this chapter.
“Spontaneous event”
means any special event for the purpose of expressive activity which is organized in response to news or affairs coming into public knowledge less than forty-eight hours prior to the assembly. Events which 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 building and safety or other city or county departments for the placement of structures shall not be considered to be spontaneous events. Organizers of spontaneous events may still incur departmental service charges to the extent otherwise authorized by this chapter or any administrative regulations adopted pursuant to this chapter.
(Ord. 2010-004 § 2 (part), 2010)
A. 
Except as otherwise provided in this chapter, no person may hold, sponsor, conduct, promote, maintain, or manage a special event unless a special event permit has been first obtained from the chief of police. The city manager is authorized to issue administrative regulations that are consistent with and that further the terms and requirements set forth within this chapter. Any such regulations shall be publicly available. Issuance of a special event permit does not obligate or require the city to provide city services, equipment or personnel in support of any special event.
B. 
The chief of police is authorized to issue permits for special events occurring within the city limits pursuant to the procedures established in this chapter and is authorized to coordinate the issuance of a special event permit with other city departments and public agencies involved. The police department shall coordinate with other city departments so as to ensure timely processing of the application, and shall forward all applications to the city attorney, who shall review and advise as to the applicability of First Amendment protections. In such capacity, the city attorney shall not act as an advocate for the department but as a neutral advisor charged with protection of First Amendment rights.
C. 
All applications shall be submitted with payment of a nonrefundable application fee established by resolution of city council. Any application submitted without such fee shall be deemed incomplete, except as provided in subsection D of this section. The fee shall be reasonably equivalent to the administrative cost of investigation and processing of the application. Fees and payments required under this chapter shall be in addition to any other license, permit or fee required under any other chapter of the San Pablo Municipal Code, any other city regulation, or under any other county, state or federal law or regulation.
D. 
The application fee shall be waived as to an applicant who qualifies as an indigent natural person, who is eligible for county relief and support under the California Welfare and Institutions Code, and who seeks to exercise First Amendment rights by applying for a special events permit for expressive activity under 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 police chief, be reasonably necessary to verify such status. For purposes of this subsection, “indigency” includes, but is not limited to, a person eligible for county relief and support as an indigent person under the California Welfare and Institutions Code, a person receiving benefits pursuant to Supplemental Security Income and/or State Supplemental Payments, and a person receiving food stamps.
(Ord. 2010-004 § 2 (part), 2010)
A special event permit is not required for any of the following activities, although an organizer of an activity exempted pursuant to this section is required to comply with general regulations governing public safety or health:
A. 
Funeral processions by a licensed mortuary; provided, however, that the mortuary shall notify the on-duty police watch commander as soon as practical if a funeral and/or procession, by the nature of death, notoriety, funeral conveyances, use of pyrotechnics or honor guard weapons, or unusually large expected attendance, may affect public safety.
B. 
Activities conducted by the city acting within the scope of its authority.
C. 
Spontaneous events; provided, that no fee is charged as a requirement for participation or attendance. If practicable, the organizers shall give notice to the chief of police at least four hours prior to the event informing the city of the time and duration of the event and providing an estimate of the approximate number of people attending. Unorganized gatherings are exempt from the provisions of this chapter.
D. 
Any activity or event conducted by or on behalf of a public or private school, college or school district, the state of California or other governmental entity so long as the activity or event is conducted solely on property owned or leased by the entity or its sponsor and is for the benefit of the entity that owns or leases the property on which the activity takes place.
E. 
Any activity or event on city-owned or controlled property for private parties or events that only require park or facility reservation permits from the community services department of the city. Events which require payment to the city to reserve park or facility space shall be processed under recreation division policies to the extent such policies are applied in a constitutional manner. The recreation division will refer any applications which potentially present First Amendment issues to the chief of police and city attorney, and where such applications are deemed to be special events for expressive activities as defined in this chapter, the provisions of this chapter shall supersede any conflicting requirements in recreation division policies.
(Ord. 2010-004 § 2 (part), 2010)
Except for events sponsored by the city, wherever possible priority shall be given for the issuance of a special event permit to local, tax-exempt, non-profit organizations operating in and providing services to the citizens of San Pablo.
(Ord. 2010-004 § 2 (part), 2010)
A. 
Completed applications for special events permits for events in which “expressive activity” is the main purpose of the event shall be filed with the chief of police not less than two calendar days before the day of the special event.
B. 
Completed applications for special events permits for all other activities must be filed at least forty-five days prior to the event, but not more than nine months prior to the event.
(Ord. 2010-004 § 2 (part), 2010)
The application for a special event permit shall include:
A. 
The name, address, and telephone number of the applicant and/or event organizer.
B. 
A certification that the applicant will be financially responsible for city fees and costs that may be incurred as a result of the event pursuant to Section 9.24.110.
C. 
If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant shall file a written communication from such organization authorizing the applicant to apply on its behalf and certifying that the applicant will be financially responsible for the city costs or fees incurred.
D. 
A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt, non-profit organization.
E. 
A statement of the purpose of the special event.
F. 
A statement of fees to be charged for the special event.
G. 
The proposed location and site of the special event, including a map and written narrative of the route, if applicable.
H. 
The date and time that the special event is to be conducted.
I. 
The approximate times when assembly for, and disbanding of, the special event is to take place.
J. 
The proposed locations of the assembly or production area.
K. 
The proposed site of any reviewing stands.
L. 
The proposed site for any disbanding area.
M. 
Proposed alternative routes, sites, or times, where applicable.
N. 
The approximate number of people, animals, or vehicles that will constitute the special event and the manner and speed in which they will travel, if applicable.
O. 
The kinds of animals anticipated to be part of the special event.
P. 
A description of the types of vehicles to be used in the special event.
Q. 
The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise.
R. 
The number and location(s) of portable sanitation facilities, including handicap accessible sanitary facilities.
S. 
Other equipment or services necessary to conduct the special event with due regard for participant and public health and safety.
T. 
The type of security or other arrangements that will be provided to ensure that participants are properly directed and prevention of unlawful conduct by participants and attendees, including the number of people proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction.
U. 
Provisions for first aid and/or emergency medical services based on the risk factors of the special event.
V. 
A statement as to whether the applicant will have insurance and/or surety bond coverage, and, if so, information regarding such coverage.
W. 
Any special or unusual requirements that may be imposed or created by virtue of the proposed special event.
X. 
Whether the purpose of the special event is “expressive activity.”
Y. 
Whether any food or beverages, including alcoholic beverages, will be sold at the special event.
Z. 
Anticipated parking needed and parking plan for the special event; a proposed plan for seating for the special event, if applicable, and the maximum legal occupancy of the proposed premises, if applicable; a security plan for control of pedestrian and vehicular traffic including the provision and use of traffic cones or barricades.
AA. 
Whether sound amplifications equipment will be used and a plan for control of noise, including but not limited to the noise generated by amplification equipment, motors and other equipment, that may affect nearby premises, with special attention to prevention of noise nuisance to nearby residences, if any, subject to the standards of the city’s noise ordinance.
BB. 
A detailed floor plan and site plan of the premises showing the building interior and exterior grounds, including parking spaces, amusement ride location, seating arrangements, dance floor area, bar location, fire exits, and the dimensions of each portion with the layout of the special event, when applicable.
CC. 
A trash and litter collection and off-site disposal plan.
DD. 
The manner of providing notice of the permit conditions to permit participants and those businesses or residents who may be directly affected by the conduct of the special event.
EE. 
Such other information pertaining to public health and safety that the applicant may wish to include.
(Ord. 2010-004 § 2 (part), 2010)
A. 
The chief of police is required to issue the special event permit unless he or she finds any of the following:
1. 
The event is reasonably likely to substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route.
2. 
The concentration of people, animals, and vehicles is reasonably likely to substantially interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets.
3. 
The event is reasonably likely to substantially interfere with any construction, maintenance, or development of a street or other public right-of-way or of a public facility scheduled to take place, or a previously granted encroachment permit.
4. 
The event is reasonably likely to require the diversion of a great number of police employees from their normal duties and thereby prevent reasonable police protection to the remainder of the city.
5. 
The event will interfere with any other special event for which a permit has already been granted, or will occur so close in time and place to another special event so as to cause undue traffic congestion or prevent the police department from meeting the needs of its services for both events.
6. 
The proposed area for the event cannot physically accommodate the number of participants expected as represented in the application.
7. 
The information contained in the permit application is found to be incomplete, false, or intentionally misleading.
8. 
The applicant or the person or entity on whose behalf the application for permit was made has on prior occasions damaged city property and has not paid in full for such damage, or has other outstanding and unpaid debts to the city, or has previously had a permit revoked, in San Pablo 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.
B. 
In determining 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 level or nature of hostility or other reactions which may be aroused in the public by the content of speech or message conveyed by the event.
(Ord. 2010-004 § 2 (part), 2010)
The chief of police may impose reasonable time, place, and manner conditions that are necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of people and property, and provide for adequate control of pedestrian and vehicular traffic; provided, that such conditions do not unreasonably restrict the right of free speech protected by the California or United States Constitutions. The chief of police shall wherever possible consult with the city attorney prior to imposition of conditions and shall provide applicant with a written explanation for a decision that imposes conditions on a permit. In such capacity the city attorney shall not act as an advocate for the police department but rather as a neutral reviewer responsible for ensuring compliance with the First Amendment. Such conditions may include, but are not limited to, the following:
A. 
Conditions concerning the area of assembly and disbanding of the event.
B. 
Conditions concerning accommodation of pedestrian or vehicular traffic, including but not limited to restricting the event to only a portion of a street, or certain hours of the day, or reasonable designation of alternative sites.
C. 
Requirements for the use of traffic cones or barricades.
D. 
Requirements for provision of first aid, sanitary, or emergency facilities, and for licensed security personnel.
E. 
Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety by the fire department.
F. 
Compliance with animal protection ordinances and laws.
G. 
Requirements for use of garbage containers, clean-up, and restoration of city property.
H. 
Compliance with any relevant ordinance or law in obtaining any other legally required permit or license.
I. 
Restrictions on the use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the special event.
J. 
The manner of providing notice of the permit conditions to permit participants and those businesses or residents who may be directly affected by the conduct of the special event.
(Ord. 2010-004 § 2 (part), 2010)
A. 
Expressive activity events. For special events occurring within one week of the filing of the completed application, whose main purpose is expressive activity, the chief of police, following consultation with the city attorney wherever possible, shall approve, conditionally approve, or deny an application no later than one business day after a completed application is submitted unless the applicant agrees to extend the time for making the decision to a later date.
For such special events occurring more than week after the application is filed, but within one month, the chief of police, following consultation with the city attorney wherever possible, shall approve, conditionally approve, or deny an application no later than two business days after a completed application is submitted unless the applicant agrees to extend the time for making the decision to a later date.
For such special events occurring more than one month after the application is filed, the chief of police, following consultation with the city attorney wherever possible, shall approve, conditionally approve, or deny an application no later than ten business days after a completed application is submitted unless the applicant agrees to extend the time for making the decision to a later date.
The applicant shall be notified by telephone of the reasons for the decision within the time periods set forth above, followed by notification in writing to be deposited in first-class mail on the same day as the telephonic notice. If no telephone number is provided on the application, then mailing of the written notice as provided for herein shall be sufficient.
B. 
Other special events. For all other special events, the chief of police shall approve, conditionally approve, or deny an application as expeditiously as possible and, in any case, no later than fifteen business days after the completed application is submitted unless the applicant agrees to extend the time for making the decision to a later date.
C. 
If action on the permit under subsection A of this section results in a permit with conditions imposed, such conditions shall be explained on the notice of conditional approval. If the permit is denied, the notice of denial shall set forth the reasons for denial.
(Ord. 2010-004 § 2 (part), 2010)
A. 
Any applicant aggrieved by an adverse decision on the application (Sections 9.24.080 through 9.24.100), application fee (Section 9.24.030), service charges (Section 9.24.120), insurance requirements (Section 9.24.130) or revocation/suspension of a permit (Section 9.24.150) may appeal such decision to the city manager by filing a written notice of such appeal with the city manager within five business days of the decision. The appeal shall be made by filing a written petition with the city clerk setting forth the name, address, and telephone number of the applicant; a detailed description of the specific action to be reviewed; the specific grounds for the review; and the relief or action sought. The city manager will decide the appeal within one working day. The city manager shall consult with the city attorney if practicable before denying or conditionally approving a permit involving “expressive activity” (including all proposed events which the applicant claims or contends primarily involve expressive activity) as that term is defined in this chapter. The decision shall be in writing and shall provide an explanation for the decision. Failure to file an appeal with the city manager shall constitute a failure to exhaust administrative remedies unless the applicant can establish by a preponderance of the evidence that due to timeliness or other circumstances recognized by law the filing of such appeal would be futile.
B. 
The city manager’s decision may be appealed to the city council within five business days of the date of written notice of the decision. The appeal shall be made by filing a written petition with the city clerk setting forth the name, address, and telephone number of the applicant; a detailed description of the specific action to be reviewed; the specific grounds for the review; and the relief or action sought from the city council. The appeal shall not be deemed filed until the written petition has been completed as required herein and any required fee for appeal has been paid. The city council shall not be required to hear any appeal that is not filed in conformance with this chapter. The city council shall hold a hearing on the appeal, at which evidence shall be taken, and the city council shall exercise its discretion in the determination of relevant facts. Failure to file an appeal with the city council shall constitute a failure to exhaust administrative remedies unless the applicant can establish by a preponderance of the evidence that due to timeliness or other circumstances recognized by law the filing of such appeal would be futile.
C. 
In making a determination on appeal as to whether the application fee or service charges shall be waived or defrayed by the city, or whether the insurance requirements may be waived, the city manager and/or city council shall apply the criteria set forth in Section 9.24.160 requiring the finding of a public purpose, and any other criteria set forth in this chapter.
D. 
The city manager and/or the city council may refer the matter to a hearing officer.
E. 
Judicial review. Following exhaustion of administrative remedies as set forth above, to the extent such exhaustion requirement is not futile due to timeliness or other circumstances recognized by law, applicant may file a petition for writ of mandate pursuant to California Code of Civil Procedure Section 1094.6 or 1094.8 regarding the validity of the city’s decision regarding the application.
(Ord. 2010-004 § 2 (part), 2010)
A. 
For any special event the chief of police shall require pre-payment of traffic control and related costs, including the salaries and benefits of city personnel involved in traffic control, fire safety, or other facility or event support, the use of city equipment, clean-up costs, and other non-personnel expenses. Upon approval of an application for a special event permit, the chief of police shall provide the permittee with a statement of the estimated cost of such expenses. The permittee will be required to pre-pay prior to the issuance of the special event permit unless the chief of police for good cause extends time for payment or, if the applicant appeals the required payment, the city council in its discretion finds that a public purpose supports the city funding, partially funding or waiving such fees. In making this determination the city council shall apply the factors set forth in Section 9.24.160.
B. 
In calculating the costs of the special event under subsection A of this section, the chief of police will only consider the size of the special event, the number of people attending and participating, and other characteristics of the special event as listed on the application for a special event permit. The chief of police shall not speculate as to any hostile behavior from the audience, viewers, or participants in determining the cost and amount of city services. The costs incurred by the city to provide police protection to those engaged in expressive activity shall not be included in the service charges.
C. 
If the actual cost for services on the date of the event is less than the estimated cost under subsection A of this section, the permittee will be refunded the difference in cost by the city. If the actual cost is more than the estimated cost, the permittee shall pay the difference in cost to the city. In the event pre-payment is waived on appeal, failure to pay within thirty days of invoice shall result in interest and penalties to the same extent as set forth in Section 5.04.210.
D. 
No permittee shall be required to 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.
E. 
The service charge requirement shall be waived as to an applicant who qualifies as an indigent natural person, who is eligible for county relief and support under the California Welfare and Institutions Code, and who seeks to exercise First Amendment rights. 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 police chief, be reasonably necessary to verify such status. For purposes of this subsection, “indigency” includes, but is not limited to, a person eligible for county relief and support as an indigent person under the California Welfare and Institutions Code, a person receiving benefits pursuant to Supplemental Security Income and/or State Supplemental Payments, and a person receiving food stamps.
(Ord. 2010-004 § 2 (part), 2010)
A. 
Except as exempted by this section, 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 shall be maintained in full force and effect during the term of the permit, 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. The insurance required by this chapter shall encompass all liability insurance requirements imposed for other licenses or permits required under any other provision of the San Pablo Municipal Code and is to be provided for the benefit of the city and not as a duty, expressed or implied, to provide insurance protection for spectators or participants.
B. 
The insurance requirement set forth in this section shall not apply to special events that involve expressive activity which enjoy protection under the United States or California Constitutions; provided, that the permittee agrees to defend and indemnify the city as set forth in Section 9.24.140. A claim for exemption under this section shall be filed with and at the same time as an application for a permit. The city may require such proof and documentation as reasonably necessary to verify the constitutionally protected status of the special event.
C. 
For special events not involving expressive activities as defined in this chapter, insurance coverage shall not be required if the city manager determines that the event does not present a substantial risk of public liability or property damage. If the city manager determines that a particular use, event or activity does not present a substantial or significant public liability or property damage exposure for the city or its officers, agents, and employees, the city manager may give a written waiver of the insurance requirements of this section. In making such a determination, the city manager will consider and identify any risks, hazards, or dangers to public health or safety.
D. 
For expressive activities as defined in this chapter which desire to use city park space or facilities otherwise subject to regulations promulgated for the city’s recreation division, the provisions of this chapter shall supersede contrary requirements in such regulations.
(Ord. 2010-004 § 2 (part), 2010)
A. 
Each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents, or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee’s own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the city, its officers, agents, or employees, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its officers, agents, or employees as a result of the alleged acts or omissions of permittee or permittee’s officers, agents, or employees in connection with the uses, events or activities under the permit.
B. 
This section shall not be construed so as to require a permittee to indemnify the city for any damage or harm caused by the city itself or by third parties outside the control of the permittee, or for losses to the city occasioned by the reaction to the permittee’s expressive activity.
(Ord. 2010-004 § 2 (part), 2010)
A. 
A permit issued under this chapter shall be revoked or suspended by the chief of police if he or she finds one or more of the following:
1. 
The permit is being used to conduct an activity different than that for which it was issued;
2. 
The activity is being conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or fails to conform to the plans and procedures described in the application;
3. 
The applicant violates or attempts to violate any federal, state or local laws and regulations;
4. 
The special event is being conducted in a fraudulent or disorderly manner, or in a manner which endangers the public health or safety;
5. 
The special event permit was issued in error or contrary to law; or
6. 
To the extent it might be required pursuant to Section 9.24.130, the applicant or event organizer fails to obtain and maintain in full force and effect during the term of the special event permit any insurance required by this chapter.
B. 
Such revocation or suspension shall become effective immediately upon order of the chief of police and shall remain in effect until the applicant has corrected the violation or the permit has expired on its own terms.
C. 
In the event a permit is revoked or suspended pursuant to the provisions of this section, another permit shall not be granted to the applicant within twelve months after the date of such revocation or suspension.
D. 
The chief of police’s determination to revoke or suspend a permit shall be based upon written findings and shall be final and conclusive, subject to review under California Code of Civil Procedure Section 1094.6 or 1994.8. To the extent a permit is revoked or suspended prior to the event and there is time to file an appeal with the city manager and/or city council, the provisions of Section 9.24.110 shall apply.
(Ord. 2010-004 § 2 (part), 2010)
A. 
If the city council finds that a public purpose is served, it may choose to support or promulgate said public purpose by co-sponsoring or defraying the cost of the event by giving cash grants, paying for charged fees and costs out of the city treasury, allowing use of the city seal or name at the event and for advertising purposes, or providing city personnel, services, and equipment; provided, however, that the direct and indirect cost of such services does not exceed a total of ten thousand dollars.
B. 
In determining whether a public purpose is served, the city council must find all of the following:
1. 
The event is organized and conducted by a tax-exempt, non-profit organization which operates from or provides services within the city of San Pablo.
2. 
The event provides a benefit to the general public.
3. 
The event includes participation by the general public (notwithstanding an admission or participation fee).
4. 
Where the city defrays the cost of such services, provision of city services will result in improved crowd or event control and general public safety.
5. 
The event advertises, promotes, or calls positive attention to the city, its resources, attractions, advantages, enterprises, climate, or facilities.
6. 
The cost to the city does not exceed fifty percent of the total cost for city services for the entire event.
(Ord. 2010-004 § 2 (part), 2010)
It is unlawful for any event organizer to use in the title of the event the words “The City of San Pablo” or “City of San Pablo,” or facsimile of the seal or logo of the city of San Pablo, without city’s written authorization.
(Ord. 2010-004 § 2 (part), 2010)
It is unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a special event for which a special event permit has been issued.
(Ord. 2010-004 § 2 (part), 2010)
A. 
Any person violating or permitting, counseling, or assisting the violation of any of the provisions in this chapter shall be subject to any and all civil and administrative remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.
B. 
The holding or conducting of any special event subject to the provisions of this chapter without a valid permit issued pursuant to the provisions of this chapter, or in violation of the provisions of its permit, unless expressly exempt hereunder, is hereby declared a public nuisance.
C. 
Any person who intentionally violates any of the provisions of this chapter or any of the provisions of a permit issued hereunder shall be guilty of an infraction.
(Ord. 2010-004 § 2 (part), 2010)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
(Ord. 2010-004 § 2 (part), 2010)