This chapter shall be known as the City of Carmel-by-the-Sea "Special Events Ordinance."
(Ord. 2021-02 § 3 (Att. A), 2021)
To provide regulations allowing for special events while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety.
It is not the intent of this chapter to prohibit conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas which are protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution, but to provide for reasonable time, place, and manner restrictions related to the same in order to protect public safety.
(Ord. 2021-02 § 3 (Att. A), 2021)
means any person who seeks a permit under this chapter to organize a special event.
means the number of attendees anticipated to attend or who participate in a special event, whichever number is greater.
means any person anticipated to attend or participate or who actually does participate in a special event.
means the City of Carmel-by-the-Sea.
means the City Administrator of the City of Carmel-by-the-Sea.
means the City Council of the City of Carmel-by-the-Sea.
means all real property and improvements owned, operated or controlled by the City within the City's jurisdiction. City property includes, but is not limited to, City Hall, police and fire facilities, recreational facilities, parks, beaches, libraries, and streets and sidewalks.
shall mean any concert or performance of nonrecorded or recorded musical selections which is open to the general public, whether or not for charge. The term shall not include the presentation of nonrecorded or recorded musical selections in connection with any public gathering where the presentation of such musical selection is only incidental to such public gathering and not a primary purpose thereof.
means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. "Expressive activity" includes, but is not limited to, public oratory and the distribution of literature.
means to organize, operate, manage, stage, promote, sponsor or carry on a special event.
means the person who organizes, operates, manages, stages, promotes, sponsors or carries on a special event.
means any place other than in a permanent building. Outdoor(s) shall include tents, canopies and temporary structures.
shall mean any person that has been issued a permit to organize a special event in accordance with this chapter.
means and includes an individual, corporation, partnership, trust, nonprofit organization, association, group or other business entity or organization.
for the purposes of this chapter means any publicly owned property within the City, and shall include all parks, beaches, and streets.
means the Community Activities Director, or such other person as may be designated by the City Administrator, who is authorized under the provisions of this chapter to review and act upon a special event application.
means any of the following:
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
Any organized assemblage of 75 or more persons at any public place, public property or public facility which is to gather for a common purpose under the direction or control of a person, and any organized assemblage of 25 or more persons at Forest Hill Park or Piccadilly Park.
Any other organized activity conducted by a person for a common or collective use, purpose, or benefit which shall require the use of City public services for street closure, erecting barriers, or traffic control, or that will interfere with normal use and operation of public rights-of-way for vehicular travel.
For illustrative purposes, examples of special events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, on the water activities (such as boat races) with spectators on public land, 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. |
means that area for which a special event permit has been issued.
(Ord. 2021-02 § 3 (Att. A), 2021)
A.
Permit Required. Except as provided by the terms of a permit, lease or contract which has been specifically authorized by the City Council, no person shall operate any special event regulated by this chapter without first obtaining a permit in accordance with the provisions of this chapter, unless exempt as set forth below.
B.
Exempt Activities. The following activities are specifically exempt from the provisions of this chapter:
2.
Activities conducted by a governmental agency acting within the scope of its authority, including events organized by the City.
3.
Activities or events authorized under a conditional use permit under CMC Title 17.
4.
Funeral processions by a licensed mortuary or funeral home.
5.
Expressive activity; provided, that the expressive activity will abide by all applicable traffic regulations, laws or controls, and does not require any street closures, traffic or pedestrian barriers or traffic control. If practicable, the organizers should give notice to the City's reviewing authority at least four hours prior to the event informing the City of the date and time of the event and provide an estimate of the approximate number of persons who will be participating.
(Ord. 2021-02 § 3 (Att. A), 2021)
A.
Event Venue and Hours of Operation. Special event activities shall be limited to the venue area so designated in the permit approval. Special events shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the reviewing authority determines that such hours of operation will not result in conditions materially detrimental to nearby property owners, residents, or businesses, or to public health or safety.
B.
Prohibited Locations. Permits will not be issued for the closure of the following streets and thoroughfares: San Antonio Street, Junipero Avenue, Carpenter Street, Santa Lucia Avenue, or streets with designated bus or truck routes. Permits for special events will not be issued for the use of the Mission Trail Nature Preserve, nor the North Dunes or Del Mar Dunes areas as identified in the Del Mar Master Plan and the North Dunes and Del Mar Dunes Habitat Restoration Plan.
C.
Other Requirements. In addition to the requirements set out in this section, the reviewing authority may also impose reasonable conditions of approval as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, ensure accessibility for event attendees and the general public, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue; provided, that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. These conditions may include conditions relating to waste management and restoration of the special event venue, environmental protection, conditions to ensure safe accommodation of an event's pedestrian and vehicular traffic, including restricting events to City sidewalks, portions of a City street, or other public right-of-way, and reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity.
(Ord. 2021-02 § 3 (Att. A), 2021)
A.
Application Filing. Applications for special events shall be made in advance of the start of the special event. Applications shall be submitted to the reviewing authority. Applications shall be processed in the order of receipt and shall be processed within 14 days, unless, by written notice to the applicant, the reviewing authority determines to extend the period for an additional 14 days.
If an application for a special event is submitted for a date less than 28 days before the proposed event, the reviewing authority shall determine if there is sufficient time remaining for proper review of the application under the provisions of this chapter. If the reviewing authority determines that there is sufficient time for review, the reviewing authority shall process the application. If the reviewing authority determines that there is not sufficient time, the applicant shall be given the option of rescheduling the special event, or withdrawal of the application, or denial of the application. If the application is withdrawn prior to processing, the applicant would be given a full refund of fees.
B.
Submission Requirements. Applications for special events shall be completed in their entirety on forms supplied by the reviewing authority, and shall include information such as the Applicant, a description of the special event, a site plan or route plan, and any other information deemed necessary by the reviewing authority to complete review of the proposal. If the special event is proposed to be operated with another person different than the applicant, the application shall include the name, address and telephone number of each person who will operate the special event. Any person who applies for a permit as an authorized agent of the applicant shall provide written authorization of such agency.
C.
Application Fees. Applications shall be accompanied by a fee established by resolution of the City Council. The fee shall be established at a rate to cover the City's actual costs of review and processing of the application.
D.
Use and Service Fees. Where a special event requires street closure, barriers, or other infrastructure, the applicant shall pay such fees as may be established by resolution of the City Council for traffic control and related municipal expenses. Additionally, use of City buildings or facilities shall be subject to any use or rental fees established by the City which shall be deposited by the applicant prior to use.
E.
Review Process. The reviewing authority shall review and act on complete permit applications in accordance with the procedures set out below.
1.
Filing. Applications shall undergo initial staff review. Within 10 business days of filing, the reviewing authority shall cause the applicant to be notified in writing whether the application is complete. If an application is determined to be incomplete, the notification shall identify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete. The Director may reject the application if the applicant fails to complete the application after having been notified of the additional information request.
2.
Action by Reviewing Authority. After determination that the application is complete, the reviewing authority shall conduct an appropriate investigation, including consultation with other departments and site visits as deemed necessary. The reviewing authority shall then approve a special event permit, with or without conditions, upon finding that:
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 event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its location;
c.
The event will not conflict with construction or development in the public right-of-way or on public property;
d.
The event will not require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City, and the event will not adversely affect the City's ability to reasonably perform municipal functions or furnish City services;
e.
The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;
f.
The event will not unreasonably interfere with any other special event for which a permit has already been granted or with the provision of City services in support of other scheduled events or scheduled government functions;
g.
The proposed use, event or activity will not have a significant adverse environmental impact; and
h.
The event will not have an unmitigatable adverse impact upon residential or business access and traffic circulation in the same general venue area.
3.
Denial or Revocation by Reviewing Authority. The reviewing authority shall deny, and may revoke an issued permit, if the reviewing authority finds that:
a.
The special event will unreasonably disrupt traffic or create an unreasonable danger to the health or safety of the applicant, spectators, City employees, or members of the public, which may not be adequately remedied by reasonable traffic control and other safety measures;
b.
The special event is scheduled to occur at a location and time in conflict with another special event permitted or that will be permitted to a prior applicant;
c.
The special event will unreasonably interfere with access to police or fire stations, or other public safety facilities, or will require the diversion of so many public employees that allowing the event would create inadequate levels of service to the remainder of the City;
d.
The location of the special event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit;
e.
The special event is in conflict with applicable provisions of any Federal, State and/or local laws;
f.
Information in the application or supplemental information is found to be incomplete, materially false or misleading;
g.
The applicant fails to comply with all terms of this chapter including failure to remit all fees and deposits, or fails to provide proof of insurance and/or an indemnification agreement as required by this chapter; or
h.
The proposed area for the special event or for the set up or dispersal of the special event could not physically accommodate the number of participants expected to participate in the special event.
Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of special event participants with the number of police officers available to police the special event.
4.
Permit Issuance. If the permit is approved, the Director shall cause the permit to be issued subject to confirmation that all information and documents required by this chapter have been filed, all required fees and deposits have been paid or posted, and all conditions of approval have been provided for.
F.
Appeals.
1.
Within 10 days of the date of written notification of action by the reviewing authority, an applicant for a permit may appeal any denial of the application or any condition of approval to the City Administrator or designee. The City Administrator or designee shall hear appeals within 10 days following filing of the appeal. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. On appeal, the City Administrator or designee shall approve the application unless he or she makes one or more of the findings for denial set out in subsection (E) of this section, in which case the City Administrator may deny the application. In approving a special event permit, the City Administrator or designee may exercise the authority of the reviewing authority to impose conditions of approval.
2.
The City Administrator or designee's determination to grant or deny the appeal shall be the final decision of the City, unless timely appealed by the applicant to the City Council by filing a notice of appeal with the City Clerk within 10 days of the decision of the City Administrator. The City Council shall consider any such timely appeal at the next regularly scheduled council meeting, unless the appeal is filed within 10 days of the next regularly scheduled council meeting, in which case such appeal shall be heard at the subsequent regular meeting. On appeal, the City Council shall consider the application de novo and shall approve the application unless the Council makes one or more of the findings for denial set out in subsection (E) of this section and shall exercise the authority of the reviewing authority to impose conditions of approval in accordance with this chapter.
(Ord. 2021-02 § 3 (Att. A), 2021)
A.
Deposit. For special events using barriers or structures, displaying or using horses or other large animals, operation of water stations, food distribution or sales, beverage distribution or sales, and/or sale of other goods or services, the applicant shall provide a deposit prior to the issuance of a special event permit. The amount of the deposit shall be the amount established in the most recent fee schedule adopted by City Council resolution.
B.
Refund of Deposit. The deposit shall be refunded after the special event when the reviewing authority determines that the area used for the permitted special event has been cleaned and structures and personal property removed, such that the property is restored to the same condition as existed prior to the special event.
(Ord. 2021-02 § 3 (Att. A), 2021)
A.
Indemnification. 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 willful or negligent acts or omissions of the permittee or its officers, employees, and agents. Nothing in this provision shall require a permittee to indemnify the City from claims or losses occasioned by the reaction of third parties to expressive activity at the permittee's event.
B.
Except as otherwise prohibited by law, 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 either named insureds or additional named insureds and which provides the coverage that the reviewing authority determines to be commercially reasonable and adequate under the circumstances. The reviewing authority shall maintain a list of applicable insurance limits and coverages required that is determined solely on the size of the event, the use of vehicles, and the nature of the facilities involved. If the reviewing authority 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 reviewing authority may give a written waiver of the insurance requirements of this section.
(Ord. 2021-02 § 3 (Att. A), 2021)
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. 2021-02 § 3 (Att. A), 2021)
Any person willfully violating any provision of this chapter shall be deemed guilty of a misdemeanor, and shall be subject to penalty in accordance with Chapter 1.16 CMC.
(Ord. 2021-02 § 3 (Att. A), 2021)