Chapter 12.48 — SPECIAL EVENTS

For purposes of this chapter, the following words or phrases are defined as follows:

"Alcoholic beverages" means alcohol, spirits, liquor, beer, wine, or any other liquid that contains one-half of one percent or more of alcohol by volume.

"Amplified sound" means speech, music, or other sound projected or transmitted by electronic equipment, including amplifiers, loud speakers, microphones, or similar devices, or combinations of devices that are powered by electricity, battery, or combustible fuel and which are intended to increase the volume, range, distance, or intensity of speech, music, or other sound.

"City event manager" means the city council or the city event manager as designated by the city council of the City of Amador City.

"Commercial activity" means selling, offering for sale, or solicitation for future delivery or performance of, any merchandise, food, beverages, or service.

"Decibel" or "dB" means unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten (10) times the logarithm to the base of ten (10) of this ratio.

"Free speech right" means expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution, provided that such activity is the primary purpose of the special event.

"Noise level" means the: A: 'weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) microPascals. The unit of measurement shall be designated as dBA.

"Park" means and includes ell [all] parks. parkways, medians, pedestrian malls, plazas, greenbelts, gardens, lakes, and any other property owned or controlled by the city, including structures thereon and off street parking areas that are used in connection therewith, which are operated or maintained for passive or active recreational purposes. The term "park" also includes any property owned or controlled by the city as open space, including undeveloped sites for future parks. The term "park" does not include the City Hall Facility.

"Pyrotechnics" or "fireworks" mean a device consisting of a combination of explosives and combustibles, which when ignited generates fire, light, smoke, or noise for amusement.

"Special event" means an organized assembly of more than fifty (50) persons who occupy all or a portion of a public street, sidewalls alley, or park for a period of more than thirty (30) minutes. The term "special event" includes an assembly or [of] more than fifty (50) persons to conduct a parade, march, or procession that will occupy ail [all] or any portion of a public street, sidewalk, alley, or park for a period of more than thirty (30) minutes.

"Special event permit" means a permit issued by the city manager to conduct a special event.

"Temporary fencing" means a removable barrier to close off access to all or a portion of a public street, sidewalk, alley, or park.

"Temporary structure" means a booth, canopy, or tent that is larger than two hundred (200) square feet in size.

(Ord. No. 173, 8-20-15)

A.

No person shall organize, sponsor, conduct or participate in any special event unless a special event permit has been issued under this chapter except for special events that meet the permit exception provisions as provided in Section 12.48.030, or the permit requirement is waived by the city council or the city event manager. A special event permit shall be publicly displayed during the special event and shown upon demand of any city official.

B.

No person shall:

1.

Join or participate in any special event conducted under a special event permit either in violation of any of the terms of the permit, or without the consent and over the objection of the permittee; or

2.

Interfere in any manner with the special event.

C.

Any person violating this provision Section 12.48.020 is guilty of a misdemeanor.

(Ord. No. 173, 8-20-15)

A.

The city council and/or the city event manager shall waive the requirement to obtain a special event permit when the special event:

1.

Includes only the exercise of free speech rights and without the use of amplified sound;

2.

Is organized on short notice in response to a recent event occurring within the sixty (60) days prior to the date of the special event; and

3.

The applicant certifies in writing that preparing the application, waiting the five day period for the permit to be issued, obtaining the required insurance coverage? and paying the application and permit fees as required under this chapter would deprive the applicant or sponsoring organization the opportunity for an assembly in response to the recent event.

B.

The city council and/or the city event manager may waive the requirement to obtain a special event permit where circumstances make it impractical or unnecessary to meet the permit application requirements as provided in Section 12.48.080 and the insurance requirement as provided in Section 12.48.100.

C.

Notwithstanding the waiver of the requirement to obtain a special event permit as provided in this section, all persons that organize, sponsor, conduct or participate in a special event without a special event permit must nonetheless undertake all reasonable measures so that the event participants and activities comply with the city code and all applicable state and local laws and regulations.

(Ord. No. 173, 8-20-15)

An application for a special event permit shall be accompanied by a nonrefundable application fee to cover the costs for review of the application and processing the permit in the amount established by resolution of the city council. Applications submitted less than sixty (60) days prior to the date of the special event shall be subject to payment of a late application fee in the amount established by resolution of the city council.

(Ord. No. 173, 8-20-15)

A.

Prior to issuance of a special event permit, the applicant shall pay the following fees in the amounts established by resolution of the city council;

B.

The special event permit fee for the exclusive use of all or a portion of a public street, sidewalk, alley, or park by the special event participants;

C.

If applicable, surcharge fees for staff costs to confirm issuance of required permits by other agencies, to investigate compliance with safety requirements for use of certain types of equipment, and to monitor the activities during the special event";

D.

If applicable, surcharge fees for extraordinary utility costs and for police, fire prevention, and park ranger services as may be required to conduct the special event; and

E.

If applicable, a deposit for damages to city property that may be caused by the special event.

(Ord. No. 173, 8-20-15)

A.

There shall be no refund of all or any portion of the special event permit fee if the applicant cancels a special event after the permit is issued unless either:

1.

The applicant submits a written notice that the special event is to be cancelled at least fifteen (15) days prior to the scheduled date of the special event; or

2.

The applicant submits a written notice that the special event is to be cancelled at least three days prior to the scheduled date of the special event, and the applicant reschedules the special event to a later date within a twelve (12) month period in that case, the special event permit fee will be applied for that subsequent date in lieu of forfeiture. However, any subsequent change in the date of the special event shall require payment of a new special event permit fee.

B.

The applicant shall be reimbursed for the special event surcharge fees for costs and services that have not yet been incurred or rendered as the date the applicant cancels a special event, along with the deposit, if any, within thirty (30) days from the date of receipt of the written notice of cancellation.

(Ord. No. 173, 8-20-15)

A.

Any person desiring to conduct a special event for which a special event permit is required shall file an application with the city clerk no less than sixty (60) days prior to the proposed date for the special event.

B.

Such application shall be completed on a city form and contain at a minimum the following information:

1.

The name of the applicant; the sponsoring organization, if any, with the approval of the sponsoring organization for the applicant to apply for the permit on its behalf; the special event organizer who promotes and manages the special event, the name, address, telephone and cell number of the person in charge of the event on the day of the event, and the mailing addresses, e-mail addresses, if any, and telephone numbers of each of the foregoing persons and organization; and the proposed date, time, duration, and location of the special event.

2.

If applicable, the proposed location of the assembly and disbanding areas, the route to be traveled, and the assembly starting and ending time.

The nature and purpose for the special event and a description of all of the equipment and planned activities, including, without limitation, all of the following:

a.

The sale, distribution, donation, or collection of any merchandise, food, beverages, or services;

b.

Cooking of food or open fires;

c.

The sale or consumption of alcoholic beverages;

d.

The use of temporary fencing or temporary structures and whether the fencing or structures will be prefabricated or site built;

e.

The use of pyrotechnics;

f.

The operation of carnival or animal rides and any demonstration with animals; and the use of specialized recreational equipment that is to be operated as part of an event activity.

4.

The approximate total number of anticipated special event participants and approximate number of participants in each of the following categories: spectators, staff, volunteers, security personnel, and first aid and medical services personnel.

5.

The plan to accommodate vehicles and bicycle parking by participants, including parking for the disabled, reservation or prohibition of on-street parking, and a parking shuttle plan, if applicable. For special events in parks, whether vehicle access into the park is requested, the number of vehicles, the planned path of travel, and whether the vehicles(s) will remain in the park overnight. For special events that will involve temporary street, alley, or sidewalk closures, or temporary on-street parking restrictions, a traffic control and/or parking management plan consistent with the California Manual on Uniform Traffic Control Devices for Streets and Highways may be required.

6.

An event site plan to identify locations and number of all equipment and facilities including, without limitation, temporary fencing, temporary structures, staging bleachers, portable restrooms and hand washing stations, cooking facilities, tables and chairs, waste and recycling containers, electrical and water

sources and connections, fuel storage, emergency medical services area(s), pyrotechnics, carnival and animal rides, and specialized recreational equipment. The site plan shall also identify the paths for access by participants, vehicles and emergency vehicles, and the area(s) for the sale or consumption of alcoholic beverages, if applicable.

7.

Whether the special event will involve the use of amplified sound, the type, location, and direction of the amplified sound, and the type of amplified sound equipment.

8.

For parades, including marches or processions, the maximum parade length; the total number of bands, sound vehicles or musical units, if any, and the type and number of members in each unit; the number of animals, if any, and type; the number of floats, if any, and their size, type and how the floats are powered; and the space between the units and floats and their speed.

9.

Any other information that the city manager may reasonably require.

C.

Any changes to the application including, without limitation, an increase in the number of participants, and any additional vehicles, equipment, or activities, shall be submitted in writing no later than ten (10) days before the date of the special event. Such changes may result in additional or modified special event permit conditions, denial of the proposed changes, or revocation of the permit pursuant to Section 12.48.110 and 12.48.120.

D.

For special events that involve a street closure, amplified sound, pyrotechnics, the sale of alcohol, or more than five hundred (500) participants; the applicant shall, at least thirty (30) days prior to the date of the event, notify in writing all persons residing along the street to be closed and all persons residing with two city blocks of the proposed special event route or site with the following information:

1.

The proposed date, time, and duration of the special event;

2.

The use of amplified sound and pyrotechnics, if any;

3.

The proposed street closure and alternative route(s), if applicable; and the applicant and city contact information.

E.

In lieu of a mailing or other methods of distribution of the required written notice, the applicant may collect signatures of such persons to verify they have received the foregoing information.

(Ord. No. 173, 8-20-15)

A.

For a special event that is to include amplified sound, the following restrictions shall apply:

1.

Amplified sound shall not be used before 9:00 a.m. and after 10:00 p.m. Sunday through Thursday and before 9:00 a.m. and after 10:00 p.m. on Friday, Saturday, and the day prior to a federal, state, or city designated holiday, unless more or less restrictive rules are set for certain parks or park areas, or the city manager expressly authorizes such use under a special event permit; and

2.

Amplified sound shall not exceed a noise level of 98 dBA at a distance of one hundred fifty (150) feet from a noise source or sources, 80 dBA when measured from the nearest residential property, or 24 dBA above ambient noise levels, whichever noise level is lower.

B.

The provisions of subsection A. of this section shall not apply to:

1.

Broadcasts from any vehicle to which the provisions of Chapter 10.60 are applicable;

2.

Use of amplified sound by any peace officer or employee of the city while engaged in the performance of his or her duties;

3.

The amplified sound is infrequent, for a short duration, and is required for the operation of the special event.

(Ord. No. 173, 8-20-15)

The applicant for a special event permit shall furnish evidence of insurance and shall be obligated to indemnify the city as follows:

A.

Prior to issuance of special event permit, the applicant shall submit evidence of general liability insurance coverage, which shall be at no cost to the city, which insurance policy shall comply with all of the following:

1.

Coverage must be at least as broad as ISO CGL Form 00 01 and provided on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury;

2.

The policy limit per occurrence shall be in an amount as determined by the city's risk manager;

3.

The policy shall cover all losses and damages as specified in subsection C. of this section;

4.

The policy shall be endorsed to provide that the city, its officers, employees, and agents are named as additional insureds;

5.

The policy shall be endorsed to stipulate that the policy will operate as primary insurance and that no other insurance covering the city or other named insured will be called on to contribute to a covered loss; and

6.

If the special event includes the sale or consumption of alcoholic beverages, a liquor liability endorsement is also required.

B.

No person shall conduct a special event under a special event permit without the insurance coverage as required by this section being in full force and effect. However, the insurance requirement for special events involving only the exercise of free speech rights may be waived by the city manager if the applicant certifies in writing that:

1.

The applicant and/or sponsoring organization does not maintain such insurance coverage;

2.

The cost to obtain insurance coverage for the special event is not commercially reasonable or is so cost prohibitive as to prevent the applicant or sponsoring organization from holding the special event; and

3.

The special event will not include pyrotechnics, commercial activity, the sale or consumption of alcoholic beverages, operation of carnival or animal rides or demonstrations with animal, floats or other non-

standard vehicles, specialized recreational equipment, or cooking, open fires, or fuel storage.

C.

The applicant or the sponsoring organization if different than the applicant, shall indemnify, and hold harmless the city, its officers, employees and gents from and against all actions, losses, damages, liability, costs, and expenses of every type and description, including, but not limited to, attorneys fees, arising directly or indirectly, in whole or in part, from the acts or omissions of the applicant, sponsoring organization, or its officers, employees, or agents.

(Ord. No. 173, 8-20-15)

A.

The city council and/or the city event manager shall act on all complete applications in the following manner:

1.

Applications received not less than sixty (60) days before the proposed special event date shall be acted upon not later than forty-five (45) days from the date of receipt of the application.

2.

Applications received less than sixty (60) days before the proposed special event date shall be acted upon as soon as reasonably practicable, but the special event permit shall be deemed denied if not issued at least three days prior to the proposed special event date.

3.

Applications for spontaneous special events involving only the exercise of free speech rights and that are organized in response to news or affairs coming into public knowledge within sixty (60) days of the date of the proposed special event shall be acted upon within five days of receipt of the application.

4.

Prior to issuance of the special event permit, the city council and/or the city event manager may inform the applicant that the permit is conditionally approved pending submittal of evidence of insurance coverage, permits from other agencies, and such other documents as may be required to be submitted before the permit can be issued.

5.

After review of an application and receipt of all required documents, the city council and/or the city event manager shall issue the special event permit unless the city council and/or the city event manager denies issuance of the permit pursuant to the provisions herein. The city council and/or the city event manager may impose conditions on approval of the special event permit as the city council and/or the city event manager determines to be reasonably necessary to protect the public, health, safety, or welfare.

6.

Any changes in the application filed after the special event permit has been issued may result in additional or modified special event permit conditions, denial of the proposed changes, or revocation of the permit pursuant to Section 12.48.120.

B.

No application for a special event permit shall be submitted earlier than twelve (12) months prior to the proposed special event date. The city council and/or the city event manager may reserve use of a city street, sidewalk, alley, or park for certain dates when a special event is usually held in such location on an annual or regular basis, or when the date is a federal or state holiday or of historic significance and a special event is traditionally held on the specific date and location during such holiday or in remembrance of a historic event.

C.

If more than one complete application is filed for a special event on the same date and at the same location, the first submitted application shall be acted upon first.

(Ord. No. 173, 8-20-15)

A.

Permits for special events involving only the exercise of free speech rights may be denied by the city manager by written notice to the applicant of the city council and/or the city event manager's findings that approving the permit would be contrary to the public interest for one or more of the following reasons:

1.

A large number of persons would be seriously inconvenienced by the special event for one or both of the following reasons:

a.

The time and duration of street closures and parking restrictions will unduly interfere with the operation of businesses, schools, hospitals, churches, or other private, public or quasi-public institutions located adjacent to the proposed special event site, and the applicant is unable or unwilling to modify the special event scope, location, date, time, or duration to minimize such interference; or

b.

The time and duration of the use of amplified sound would unduly interfere with the quiet enjoyment of residential property for an extended period of time, and the applicant is unable or unwilling to modify the special event scope, location, time or duration to minimize such interference.

Approving the permit would be contrary to the public health, safety, or welfare for one or more of the following reasons:

a.

The special event will unduly interfere with ingress to, egress from, or travel on a freeway or state designated highway;

b.

The special event requires a temporary street closure that will unduly interfere with the orderly and safe movement of traffic, the provisions of public services such as transit services or emergency police and fire services, and the applicant is unable or unwilling to modify the special event scope, location, date, time or duration to minimize such interference;

c.

The special event will require a significant diversion of police officers such that police protection for other areas of the city may be adversely impacted, and the applicant is unable or unwilling to modify the special event scope, location, date time or duration to minimize such impact;

d.

The anticipated number of special event participants would exceed the capacity of the street, sidewalk, alley, or park; or

e.

The proposed activity is in violation of law.

B.

For special events involving activities other than only the exercise of free speech rights, the special event permit may be denied by the city council and/or the city event manager by written notice to the applicant of the city council and/or the city event manager's findings that:

1.

Approving the permit would be contrary to the public interest or the public health, safety, or welfare for the reasons set forth in subsection A.; or

2.

The assembly to occupy all or any portion of a public street, sidewalk, alley, or park would detract from the use of such public facilities for their intended and ordinary purposes and the special event scope, location, date, time or duration would adversely impact the surrounding neighborhood.

C.

Applications for a special event permit may be denied by the city council and/or the city event manager, by written notice to the applicant of the city council's and/or city event manager's findings that the applicant or the sponsoring organization either was issued a citation within the prior three-year period for: (i) failure to obtain a special event permit; (ii) material misrepresentation of the special permit scope or number of participants; or (iii) violation of the permit conditions; or the prior event caused damage to city property and the debt remains outstanding.

D.

Special event permits may be revoked by the city council and/or the city event manager, and the city council and/or the city event manager may order cancellation or termination of a special event, by written notice to the applicant of the city council and/or city event manager's findings that allowing the special event to occur or continue would be contrary to the public interest, or the public health, safety, or welfare for one or more of the following reasons:

1.

The applicant, after receiving a special event permit:

a.

Fails or refuses to inform the city of significant changes to the special event from what was set out in the application;

b.

Has submitted false or misleading information as part of the application;

c.

Fails to comply with a special event permit condition; or

d.

Fails to obtain or comply with any other required city, state, or local permit;

2.

A significant number of the participants expected to attend the special event have made it known that they have a specific intent, manifested by specific plans, to engage in or provoke violence;

3.

A fully enforced general curfew will be in existence at the time and place for the special event, creating the need to prevent the special event from occurring or continuing at the date, time, and place specified in the special event permit;

There is an emergency that creates the need to prevent the special event from occurring or continuing at the date, time, and place specified in the special event permit;

5.

The special event organizer failed to make a timely application for a special event permit, and the special event does not qualify for a permit waiver as provided herein

6.

After issuance of the special event permit, the city council and/or the city event manager discovered that: (i) the special event will conflict with a previously scheduled special event or street closure at the same or adjacent location; (ii) the special event activities would violate a city, state, or local law or regulation; or (iii) the permit was otherwise issued in error; or

7.

There are grounds for denial of the special event permit as stated in subsections A, B, and C.

E.

No special event permit shall be denied or revoked, except in an emergency, without providing a reasonable opportunity for a hearing for the applicant to challenge the basis of the permit denial or revocation as provided in Section 12.48.140.

(Ord. No. 173, 8-20-15)

Any denial or revocation of a special event permit because the date, time, or place of the proposed special event is not available, or because the number of participants would exceed the capacity of the street, sidewalk, alley, or park, shall contain a counteroffer of alternative acceptable dates, times or places, if reasonably available.

(Ord. No. 173, 8-20-15)

An applicant may appeal the city event manager's decision to deny issuance of a special event permit, to impose permit conditions that would materially change the special event as planned by the applicant based on the content of its application, or to revoke a special event permit. The appeal shall be to the city council. A notice of appeal, accompanied by an appeal fee in an amount set by resolution of the city council, must be filed with the city clerk within ten (10) days after the date of the city event manager's written decision issued to the applicant or permit holder to deny, condition, or revoke a special event permit.

(Ord. No. 173, 8-20-15)