The City Council expressly finds that the gathering of large numbers of people for the purposes set forth below can create situations that seriously affect the public safety, health and welfare, and that due to the size and nature of the incorporated territory of the City of San Juan Bautista, there is a need for comprehensive regulations governing parade and public gathering activities on both City and private property in order to mitigate the potential problems.
It is the intent of the City Council to adopt this Chapter to mitigate such potential problems without infringing upon the rights of speech and assembly as guaranteed under the State and Federal Constitutions. This Chapter shall be interpreted in light of such constitutional provisions and applied consistent therewith. In no event shall the content of any proposed speech be considered as a basis for approval or denial of an application.
As used herein:
(A) 
“City street”
shall mean any street in the incorporated area of the City which street is designated as part of the City street system, including, but not limited to, public appurtenant rights-of-way, easements, sidewalks, crosswalks, alleys and thoroughfares.
(1) 
A “major street”
shall refer to The Alameda, Monterey, Muckelemi, First Street east of Monterey, Franklin between Second and Fourth, Second Street from Pierce to San Jose, Third Street from Pierce to San Jose, Mariposa between Second and Fourth, Polk between Second and Fourth, Washington between Second and Fourth, and Fourth Street from Pierce to San Jose.
(2) 
A “minor street”
shall refer to any other street within the City limits.
(B) 
“City Attorney”
shall mean the San Juan Bautista City Attorney, or the City Attorney’s designee.
(C) 
“City Manager”
shall mean the City Manager of the City of San Juan Bautista, or the Manager’s designee.
(D) 
“County Health Officer”
shall mean the San Benito County Health Officer, or the County Health Officer’s designee.
(D2) 
“Food court”
shall mean a place where food vendors are clustered that is in close proximity to restrooms and contains hand washing stations and places to sit that facilitate eating food served on plates.
(E) 
“Local”
shall mean incorporated San Juan Bautista, incorporated Hollister, and San Benito County.
(E2) 
“Nonsnack food”
shall mean any food served on a plate, food that requires two (2) hands to eat, or food that is most practically eaten while sitting down.
(F) 
“Notice”
means a written notice sent to the applicant, permittee, or appellant, and to other specified City officers, of a decision concerning a permit application. Unless expressly provided otherwise, a notice shall be sent by certified mail within twenty-four (24) hours after the decision, and shall describe the conditions of approval, and the facts and reasons for any denial or approval subject to special conditions.
(G) 
“Parade”
shall mean any parade, march, race, or procession, other than a funeral procession, organized for public or private participation by fifty (50) or more persons, which parade is held on a major or minor City street.
(H) 
“Person”
shall include any individual, firm, association, corporation, limited liability company, for-profit or not-for-profit organization, partnership, or any city, county, district, or the state or federal government or any department or agency thereof. For the purposes hereof, the singular shall include the plural, and the masculine shall include the feminine and neuter, and vice versa.
(I) 
“Public gathering”
shall mean a public gathering on City property or private property.
(J) 
“Public gathering on City property”
shall mean:
(1) 
Every temporary gathering of a group of persons reasonably expected to exceed, over the duration of the event, two hundred fifty (250) in number;
(2) 
In the incorporated area of the City;
(3) 
Gathering of persons on property owned by the City including the public right-of-way;
(4) 
Outdoors or within permanent or temporary structures; and
(5) 
Open to the public with or without an admittance fee or a donation.
(6) 
“Public gathering on City property”
shall include, but not be limited to, circuses, carnivals, festivals, sales and races.
(7) 
“Public gathering on City property”
shall not include any gathering of persons organized, sponsored or otherwise coordinated by the City of San Juan Bautista, or by its agents or franchisees pursuant to express City approval.
(K) 
“Public gathering on private property”
shall mean:
(1) 
Every temporary gathering of a group of persons reasonably expected to exceed two hundred and fifty (250) persons;
(2) 
In the incorporated area of the City;
(3) 
Public gathering is held on privately owned property;
(4) 
Outdoors or within a permanent or temporary structure;
(5) 
Open to the public with or without an admittance fee or donation; and
(6) 
Gathering of persons is not previously authorized by City permit.
(7) 
A “public gathering on private property” shall include, but not be limited to, circuses, carnivals, festivals, sales and races.
(L) 
“Sheriff”
shall mean the elected Sheriff of San Benito County, or the Sheriff’s designee.
(M) 
“Temporary gathering of persons”
means a gathering of persons that is not intended to, or does not in fact, occur on a regular (e.g., daily, weekly, monthly) basis. An annual gathering of persons lasting for a specified or indeterminate duration shall be considered a temporary gathering.
(N) 
A “parade” or “public gathering”
shall not include such an event on property which is owned or controlled by a governmental agency other than the City of San Juan Bautista; or on property with a land use designation in the San Juan Bautista General Plan of “public” and occupied by an institutional use (such as private educational institutions or churches) when such event is in keeping with the institution’s primary purpose.