Buellton Municipal Code Ch. 12.24 Median Strips on the Avenue of Flags

This chapter is enacted to regulate the use of the real property owned by the city comprised of eight median strips located on the Avenue of Flags, Buellton, California.

(Prior code § 13.05.01; Ord. 92-26 § 2, 1992; Ord. 94-11 § II, 1994; Ord. 10-01 § 3, 2010)

It is unlawful to engage in any of the following acts on the property described in Section 12.24.010:

A. Sports Activities. No person shall engage in any sports activity which may create a safety hazard to those on the property or upon the public streets, highways or road rights-of-way in the vicinity or that adjoin such property, which activities shall include, but not be limited to, baseball, softball, t-ball, soccer, foot-ball, rugby, frisbee, volleyball, golf or batting practice.

B. Dumping, Littering. No person shall dump, deposit or leave any trash, refuse, rubbish, litter, object, equipment or any kind of waste materials, except in approved containers specifically placed and designated to receive such materials.

C. Fires. No person shall start or maintain any fire, except in such areas as are specifically designated by the city manager or designee for such fires, including stoves, barbecue pits, fire rings, and the like.

D. Fireworks. No person shall discharge or set off any firecrackers, torpedoes, rockets or other fire-works.

E. Camping. No person shall camp or use any portion of the property for living or sleeping quarters, erect a tent or shelter or arrange bedding for the purpose of or to permit any overnight stay, or park a travel trailer, camper or motor home within the property.

F. Overnight Sleeping. No person shall sleep on any portion of the property during the period of time commencing one-half hour after sunset and continuing to eight a.m.

G. Vandalism. No person shall commit any act of vandalism, defacement or malicious mischief on any portion of the property nor shall any person damage or destroy vegetation, equipment, signs, buildings, landscape features, or any other public or private property.

H. Firearms. No person shall bring onto or use on the property any firearms, air, gas or spring propelled guns, ammunition, any explosive, or incendiary device, sling shots, bows and arrows or other projectile-throwing devices.

I. Offensive Noises, Disorderly Conduct. No person shall use any loud, boisterous, abusive, insulting, threatening or indecent language or gesture, engage in any disorderly conduct or behavior tending to be a breach of the public peace.

J. Uncontrolled Animals. No person shall hitch, fasten, lead, drive, ride or let loose any animal or fowl of any kind, provided that this shall not apply to a domestic animal on a leash. Persons with animals on leashes using the medians shall be responsible for the removal of any animal waste.

K. Throwing Objects. No person shall throw any rock, can, bottle or other missile in or on the property when said activity causes an unreasonable burden of maintenance, or causes any unreasonable risk of harm or danger to any person, or damage to any personal or public property.

L. Bicycling on Landscaping. No person shall use or operate a bicycle on any landscaped portion of the property.

M. Kite Flying. No person shall hold, fly or operate a kite from any area of the property.

N. Interference with Employee's Duties. No person shall threaten, resist, intimidate, or interfere with a city employee in the performance of the employee's official duties.

O. Discharges. No person shall permit or cause to be placed any waste water, sewage effluent, discharge from sinks or toilets or other plumbing fixtures, oil fuel or other hazardous, obnoxious or offensive substance upon or into the ground or water on the property.

P. Removal of Prohibited Uses. The city manager or designee may prohibit, remove or require to be removed from the property any animal, vehicle, equipment, activity, thing or material, the use or presence of which therein is likely to (1) cause an unreasonable risk of harm or danger to any person or damage to any real or personal property; or (2) cause any unreasonable burden of maintenance or cleanup; or (3) cause any unreasonable annoyance to any person.

(Prior code § 13.05.02; Ord. 92-26 § 2, 1992; Ord. 94-11 § II, 1994)

A. The following uses may be permitted, subject to the approval of a permit as required in Section 12.24.040 of this chapter:

1. City-sponsored event;

2. Special events.

B. The city council by resolution shall establish guidelines for the use of the medians.

(Prior code § 13.05.03; Ord. 92-26 § 2, 1992; Ord. 94-11 § II, 1994; Ord. 10-01 § 3, 2010)

A. Permit for Use. Persons or organizations interested in using the medians for special events shall complete a special event permit application in a form approved by the city prior to approval of any permit. The special event permit application will be reviewed by city staff and conditionally approved or denied within ten business days. City staff will provide written determination to the applicant. The decision of city staff may be appealed to the city council within ten business days of receipt of city staff's determination.

B. Time and Frequency. Use of the medians shall be limited to not more than six hours a day, not more than two days in a row and not more than two days a month. The following exceptions, however, may be permitted:

1. A certified farmers' market which may be held once a week for not more than four hours each week;

2. The city manager may increase the allowed duration and frequency from May through September, if in his or her judgment, such exceptions would not significantly damage the grass or other features of the medians and the increase in number of special activities does not impose significant impacts on nearby businesses or residents.

C. Plan Required. When applying for use of the medians, persons or organizations must supply the following information:

1. Name, address and phone number of sponsor and representative(s);

2. A description of the proposed use, its purpose, and an estimate of the number of participants;

3. The proposed location and type of booth, exhibits, displays and temporary structures;

4. The location of all electrical lines and sources of power;

5. A description of any proposed lane closures, restrictions on curbside parking, use of crossing guards or any other proposed safety features;

6. The location of proposed pedestrian walkways;

7. The size, location and text of any proposed signs;

8. The location of any lighting;

9. Nature and location of any loudspeaker, sound equipment, band or other noise generating uses;

10. The requested days for the event and specific hours of operation;

11. The name of a representative that will be on-site throughout the event in case of emergencies.

The land shall be subject to the review and approval by the city manager or designee who may apply any conditions he or she deems necessary. The city manager or designee may deny the application for any reasonable cause; decisions of the city manager or designee may be appealed to the city council.

D. Specific Requirements for Events. In order to use the medians for any purpose, the following requirements shall be provided:

1. Sponsors shall provide a security officer (such as an off-duty policeman or private security guard) subject to the approval of the police chief;

2. Sponsors shall barricade the pavement between medians to prevent U-turns, in a manner approved by the police chief;

3. Repealed by Ord. 97-02;

4. At least four portable toilets shall be provided; additional toilets may be required by the city manager or designee if the volume of patrons is expected to be larger;

5. Garbage receptacles shall be placed throughout the event grounds; specially designated receptacles for recyclables (glass and aluminum) shall also be provided;

6. Evidence of approvals from the county health department and the alcoholic beverages commission if food and drink is to be served;

7. One million dollars ($1,000,000.00) liability coverage in a form approved by the city attorney. The insurance policy shall name the city as additional insured.

8. An indemnification agreement in a form approved by the city attorney to reimburse the city for any costs incurred by it in repairing damage to the city property and restoring the property to the condition which existed prior to the event. The agreement shall also provide that the permittee shall defend the city against, and indemnify and hold the city harmless, from any claims, damages and liability to any persons or property resulting from any damage or injury occurring in connection with the permitted activity or event.

E. Clean-up. All clean-up shall be the responsibility of the sponsor. Clean-up commence immediately after the event; all clean-up must be completed on the day of the event and shall be subject to inspection and approval by the city.

F. Location. Use of the medians shall be limited to the two islands located immediately north of First Street (the second and third islands north of Highway 246).

G. Fees and Deadlines.

1. Applications must be submitted at least 30 days in advance of the date of the event, except as provided in Section 12.24.050 of this chapter. If an exception to these standards is requested it shall be subject to the review and approval of the city council. The application for such an exception must be submitted at least 45 days in advance.

2. A fee of $100 shall be paid at the time of submission of the application to cover the costs of reviewing the application. Sponsors shall deposit a minimum of $500 to cover the costs of any damages or inadequate clean-up; provided, however, that the city manager or designee may require a larger deposit if in his or her judgment the risk of damage is especially high for a particular event.

3. If city staff are needed for traffic direction, crowd control, or other reasons, the sponsor shall reimburse the city for the full cost of such services, as determined by the city manager or designee.

(Prior code § 13.05.04; Ord. 92-26 § 2, 1992; Ord. 94-11 § II, 1994; Ord. 97-02 § 1, 1997; Ord. 10-01 § 3, 2010)

City staff may waive any of the requirements in the special event permit application, if staff finds that given the nature of the activity, the waiver will not result in any unreasonable risk to the property or to the public.

(Prior code § 13.05.05; Ord. 92-26 § 2, 1992; Ord. 94-11 § II, 1994; Ord. 10-01 § 3, 2010)

A. Ejection for Violation. The city manager or designee shall have the authority to eject from the property any person who is in violation of this ordinance or in violation of the terms of a permit for use of the property.

B. Impoundment of Property Found in Violation. The city manager or designee shall have the authority to seize and confiscate or impound any property, vehicle, animal, thing or device on the property used or maintained in violation of this chapter.

(Prior code § 13.05.06; Ord. 92-26 § 2, 1992; Ord. 94-11 § II, 1994)

Any entry onto or use of this property which is in violation of the chapter or in violation of the terms of a permit for use of the property shall be considered a misdemeanor.

(Prior code § 13.05.07; Ord. 92-26 § 2, 1992; Ord. 94-11 § II, 1994)