Calexico Municipal Code Ch. 12.18 Permits for Special Events and Parades

It is the purpose of this chapter to establish a process for permitting community events to use city streets, parks, open space, facilities or services in accordance with this chapter and any implementing regulations adopted by the city council, city manager, or development services director as appropriate. The city recognizes the substantial community benefits that may result from special events. They can provide cultural enrichment, promote economic vitality and enhance community identity. They may also provide funding opportunities for service organizations. The purpose of this chapter is to provide a coordinated process for managing special events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at the special events, and to protect the rights of special event permit holders. It is also the intent of the council to protect the rights of people to engage in expressive activities in the city's public places and to establish the least restrictive and reasonable time, place and manner regulation of these activities. It is further intended to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of events.

(Ord. 1038 § 1 (part), 2006)

As used in this chapter:

A. "City manager" means the city manager of the city of Calexico and his/her designee.

B. "Demonstration" means any formation, procession or assembly of persons for the purpose of expressive activity, who intend to or do assemble or travel in unison on any street, sidewalk, or other public right-of-way owned or controlled by the city in a manner that does not comply with normal or usual traffic regulations, laws, or controls.

C. "Departmental service charges" means the actual costs which a department of the city incurs in connection with activities for which a permit is required under this chapter, including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting of traffic, the salaries of city personnel involved in administration or coordination of city services for the event, the cost to the city to provide support personnel, equipment, materials and supplies, and related city costs such as fringe benefits or employee overtime. Departmental services charges shall not include costs incurred by the city to provide police protection to those engaged in "expressive activity" as that term is defined in this chapter.

D. "Event" means and includes a special event or a demonstration.

E. "Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event.

F. "Expressive activity" 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.

G. "Person," as used in this chapter, 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 or any of them, except where the context clearly requires a different meaning.

H. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.

I. "Special event" means 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 city-designated public right-of-way owned or controlled by the city which does not comply with normal or usual traffic regulations or controls. 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), 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.

J. "Special event permit" means a permit issued pursuant to this chapter.

K. "Street" means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. "Street" means and includes highways or alleys.

(Ord. 1038 § 1 (part), 2006)

A. Except as otherwise provided by this chapter or other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the city council, a special event permit shall be required to be obtained from the development services director, or designee, for any one of the following activities:

1. A parade, procession, march or assembly consisting of persons, animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any public street, highway, alley, sidewalk or other city-designated public way and which either: (a) may impede, obstruct, impair, or interfere with free use of such public street, highway, alley, sidewalk, or other public way owned, controlled, or maintained by the city, or (b) does not comply with normal or usual traffic regulations or controls;

2. Any activity or event involving seventy-five or more persons on city owned, controlled, or maintained property not subject to the requirements of subsection A of this section;

3. Any activity or event on public property which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the city's development services department.

B. The city manager may also approve and permit the sale or use of alcoholic beverages in public areas in connection with a special event where it is not expressly prohibited by this code provided that such sale or use shall, at all times, comply with all other applicable provisions of law. Any denial by the city manager of approval for a permit to sell or use alcoholic beverages under this subsection may be appealed to the city council.

C. The development services department may condition any permit issued pursuant to this chapter with reasonable requirements concerning the time, place or manner of holding such event as is 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 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.

D. Conditions may include, but are not limited to, the following:

1. The establishment of an assembly or disbanding area for a parade or like event;

2. The 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;

3. Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access;

4. The number and type of vehicles, animals, or structures to be displayed or used in the event;

5. The inspection and approval by city personnel of stages, booths, floats, structures, vehicles or equipment to be used or operated in the event to ensure that such structures or vehicles are safely constructed and can be safely operated, and conform to the requirements of all applicable codes;

6. A cleaning deposit if the event includes using 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;

7. The provision and use of traffic cones or barricades;

8. The provision or operation of first aid stations or sanitary facilities, including handicap accessible sanitary facilities;

9. The provision of a waste management plan, and the clean up and restoration of the site of the event;

10. 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 event;

11. The manner of providing notice of permit conditions to permit participants and those businesses or residents who may be directly affected by the conduct of the event;

12. The provision or use of emergency services;

13. The reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity;

14. The obtaining of any and all business licenses or other necessary permits required by this code for the sale of food, beverage or other goods or services at the event; and

15. The manner by which alcohol sales and service, if any, shall be conducted at the event.

E. Issuance of a special events permit pursuant to this chapter does not obligate or require the city to provide city services, equipment or personnel if such are reasonably available and the event organizer makes provisions to reimburse the city for the cost thereof.

(Ord. 1038 § 1 (part), 2006)

A. The following activities are exempt from the special event permit requirement:

1. Funeral processions by a licensed mortuary or funeral home;

2. Activities conducted by a governmental agency acting within the scope of its authority;

3. With the exception of organized fundraisers, events which take place on streets, sidewalks, or other public rights-of-way owned or controlled by the city including, but not limited to, lawful picketing wherein applicable traffic regulations, laws or controls are complied with;

4. Spontaneous parades, assemblies or demonstrations involving expressive activity and which are occasioned by news or affairs coming into public knowledge within five days of such parade, assembly or demonstration, provided that the organizers thereof give written notice to the development services department at least twenty-four hours prior to such parade or assembly. Such written notice shall contain all of the following information:

a. The name, address and telephone number of the person or persons seeking to conduct the parade or assembly. This person or these persons shall be considered a permittee for the purposes of this section,

b. The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the parade or assembly is proposed to be conducted,

c. The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct,

d. The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled,

e. An estimate of the approximate number of persons who will be participating in the parade or assembly and an estimate of the approximate number of persons who will be observing the parade or assembly,

f. The time at which the parade or assembly will start and conclude,

g. The type of security or other arrangements that will be provided to assure that participants are properly directed.

B. The development services department may impose reasonable time, place and manner restrictions on spontaneous parades, assemblies or demonstrations governed by this section whether or not said activities are governed by the permit requirements set forth in this chapter.

C. The development services department may deny permission to conduct a spontaneous parade, assembly or demonstration if the development services department makes a finding requiring denial pursuant to Section 12.18.070. Such finding by the development services department shall be made no later than six hours before the scheduled start time for the event. If the development services department makes a finding pursuant to Section 12.18.070, the development services department shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone to the permittee and shall provide written notice of the denial by fax immediately upon making the denial decision. In lieu of denial, the development services department may propose to the applicant an alternative time, route, venue or manner of conducting the activity which alternative would be acceptable to the city and which would obviate any finding made pursuant to Section 12.18.070.

(Ord. 1038 § 1 (part), 2006)

A. To receive a special event permit, a person must complete and file a special event application with the development services department, on a form approved by the city at least ten days in advance of the special event. The applicant must provide the following information:

1. A description of the proposed use, event, or activity;

2. The street or public property and specific area or areas thereof which will be utilized in connection with the proposed use, event, or activity including a plot plan depicting the placement of temporary structures of facilities on public property or public rights-of-way;

3. In the case of a parade, marathon or other similar event, the specific proposed site or route, including a map and written narrative of the route;

4. The manner in which the public property will be utilized;

5. The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described use, activity, or event;

6. The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed event;

7. The name, address and telephone number of the person or persons to be contacted regarding the application or permit;

8. The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed event;

9. Proposed alternate routes, sites or times, where applicable;

10. The approximate number of persons, animals or vehicles that will participate in the special event;

11. The kinds of animals anticipated to be part of the special event;

12. A description of the types of vehicles to be used in the special event, if applicable;

13. The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise, if applicable;

14. Provisions for first aid or emergency medical services, or both, based upon event risk factors;

15. Insurance information, if applicable.

B. The director of the department of development services may refer the application to such city departments or personnel, as the director deems necessary from the nature of the application for review, evaluation, investigation and recommendations regarding approval or disapproval of the application.

(Ord. 1038 § 1 (part), 2006)

A. Subject also to Section 12.18.070, the development services director shall issue a permit under this chapter if it is determined that all of the following criteria have been met:

1. 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;

2. The preparation for or the conduct of the proposed special event will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the city's ability to perform municipal functions or furnish city services in the vicinity of the permit area;

3. The event will not conflict with construction or development in the public right-of-way or at a public facility;

4. 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;

5. 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 scheduled events or scheduled government functions;

6. The proposed use, event or activity will not have a significant adverse environmental impact.

B. In determining whether to approve a special event permit 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 amount of hostility which may be aroused in the public by the content or speech or message conveyed during the event.

(Ord. 1038 § 1 (part), 2006)

A. The director of the department of development services shall deny an application for a special events permit or revoke a permit if he or she finds any of the following:

1. One or more of the approval criteria specified in Section 12.18.050 is not met and adding conditions of approval to permit will not provide sufficient mitigation;

2. The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the application process;

3. The application does not satisfy the applicable requirements of this chapter;

4. The applicant fails to comply with all terms of this chapter including failure to remit all fees, charges, or deposits, or fails to provide proof of insurance and/or an indemnification agreement as required by this chapter;

5. The parade, assembly or demonstration is proposed to take place on the roadway portion of any street in a commercial or retail zone between the hours of seven a.m. and ten a.m. or between the hours of four p.m. and six-thirty p.m., Monday through Friday, unless the parade, assembly or demonstration will occur on a national holiday;

6. The applicant fails to agree as a condition of permit issuance that if city property is destroyed or damaged by reason of permittee's use, event or activity and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property;

7. 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.

B. The applicant shall be given a written statement of the decision to deny or revoke the permit, which states the specific reasons for the denial or revocation. Notification, pursuant to this subsection, shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application.

(Ord. 1038 § 1 (part), 2006)

A. Except as otherwise provided by this chapter or any other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the city council, any permit fee, application fee, daily fee, and other additional fee for the use of city streets or other city-owned or controlled property pursuant to this chapter shall be established by the city council by resolution.

B. An applicant may apply for a permit fee waiver by submitting an application to the city manager as provided in Section 2.02.270.

(Ord. 1038 § 1 (part), 2006)

(Ord. No. 1208, § 4, 2-5-20)

Any permit issued under this chapter shall not be for a period of more than two consecutive days except as otherwise provided in this code; however, the director of the development services department, upon timely application by a permittee, may extend the duration of any permit, except as otherwise provided in this code, for one additional period of not more than three consecutive days if the director finds that all criteria set forth in Section 12.18.050 are being met and will continue to be met during the period of term extension.

(Ord. 1038 § 1 (part), 2006)

Except as provided in this chapter, any applicant aggrieved by the issuance, denial or revocation of a permit pursuant to this chapter may appeal such decision to the city manager by filing a written notice of such appeal with the city manager's office within five business days of the decision. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The city manager shall decide the appeal within one working day. The decision shall be final except for judicial review. Judicial review for matters involving expressive conduct under this chapter shall be subject to the expedited review process established under California Code of Civil Procedure Section 1094.8. Any agreement to follow the process established under Section 1094.8 shall not be deemed an admission regarding the type of conduct at issue.

(Ord. 1038 § 1 (part), 2006)

It shall be 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. 1038 § 1 (part), 2006)

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 liability incurred from the conduct of the permittee or its officers, employees, and agents.

(Ord. 1038 § 1 (part), 2006)

A. In addition to the payment of the nonrefundable permit application fee and as detailed in the administrative guidelines adopted pursuant to this chapter, a permittee shall pay the city for city departmental service charges incurred in connection with or due to the permittee's activities under the permit unless the event was city-produced or city co-produced.

B. City departments shall submit the final invoices and billings for departmental service charges to the permittee no later than ten working days after the expiration date of the permit.

C. A permittee who claims an inability to pay departmental service charges due to indigency may have these charges waived in accordance with administrative regulations or guidelines adopted pursuant to 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 city manager or his/her designee, be reasonably necessary to verify such status. For purposes of this section, "indigent natural person" includes, but is not limited to, a person eligible for county relief and support as an indigent person under Section 17000 et seq., of the California Welfare and Institutions Code or as said section(s) is/are amended from time to time.

D. An organization in which a majority of the members meet the criteria for indigent status, as established in subsection C of this section, may also be eligible for waiver of departmental service charges.

E. No permittee shall be required to provide for or 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.

(Ord. 1038 § 1 (part), 2006)

A copy of the special event permit shall be displayed at the special event site and shall be exhibited upon demand of any city official.

(Ord. 1038 § 1 (part), 2006)

It shall be unlawful for the permittee conducting a special event to use the words "the City of Calexico," to suggest or indicate that the event is sponsored by the city or to use a facsimile of the seal or logo of the city of Calexico in the promotional materials or advertising for the event without the city's authorization.

(Ord. 1038 § 1 (part), 2006)

The issuance of a special events permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this code.

(Ord. 1038 § 1 (part), 2006)

Any person who intentionally violates any of the provisions of this chapter shall be guilty of a misdemeanor or infraction at the discretion of the city attorney.

(Ord. 1038 § 1 (part), 2006)