California City Municipal Code Art. 1 Special Events

This chapter regulates the establishment, operation and cleanup of special events.

(a) No person or entity shall operate, maintain, conduct, advertise or provide admission for a special event without a permit issued by the City Manager. As used herein, a "special event" means a carnival, community celebration, off-road vehicle race, outdoor festival, music event, sporting event, fair, animal race, religious festival, revival meeting, block parties, and similar public gatherings with expected attendance of at least three hundred (300) persons.

(b) A special event conducted without the required permit(s) is subject to closure at any time during the event. The promoter, business owner or landowner may be subject to cost recovery by the agencies participating in the closure.

(c) When special events have received a land use approval by a federal or state agency, including, but not limited to, the Bureau of Land Management and the U. S. Forest Service and such is properly certified to the City Manager, the City Manager may, limit or waive the provisions of this Article adequately controlled by such federal or state agency.

(a) At least thirty (30) days prior to the scheduled special event, the applicant shall apply for a permit under this Article and shall supply such information as the City Manager may reasonably require about the location, intensity and level of services required.

(b) The application shall be accompanied by an application fee in an amount established by the Council by resolution.

(a) The City Manager shall review the application and consult with the Police Chief and Fire Chief.

(b) The City Manager shall take into consideration relevant information, including, but not limited to, the following:

(1) The event site(s) and provisions for adequate ingress/egress and adequate parking;

(2) The impact on adjacent properties;

(3) An applicant's request to play or broadcast music, especially between the hours of 10:00 p.m. and 7:00 a.m., in view of the proximity to the nearest residence, business or other occupied land use, the topography of the site and surrounding area, and the time limits such music is proposed to be played;

(4) Topographical and ecological considerations;

(5) Electrical illumination requirements;

(6) Inclement weather contingencies;

(7) Water facilities;

(8) Food concessions;

(9) Sanitation facilities;

(10) Medical/first aid facilities;

(11) Overnight camping problems;

(12) Bonding and insurance requirements;

(13) Fire protection, including location of fire hydrants and supplemental water sources;

(14) Communication, including temporary or additional telephones and an adequate public address system;

(15) Adequate office space(s) and communication equipment for all regulatory personnel on site by the permit holder;

(16) Cleanup trash disposal;

(17) Restoration of landscape;

(18) Final accounting procedures, billings and/or reimbursement; and

(19) The recommendation of City Police Department.

(c) The Chief of Police shall provide a written recommendation to the City Manager within ten (10) days of receipt of the application. The Police Chief shall take into consideration relevant information including, but not limited to the following:

(1) The applicant's previous relevant experience and background;

(2) Provisions for special access way(s) for emergency vehicles;

(3) Police protection;

(4) Crowd control measures;

(5) Control of alcoholic beverages and dangerous substances;

(6) Emergency evacuation procedures; and

(7) News releases.

The Chief of Police may recommend denial of the application if:

(1) Information contained in the application, or supplemental information requested from the applicant is found to be false in any material detail; or

(2) Another special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the City Police Department is unable to meet the needs for law enforcement services for both events; or

(3) The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or

(4) The concentration of persons, animals and vehicles at the site of the event or the assembly and disbanding areas around an event will prevent proper law enforcement, fire, paramedic or ambulance services to areas contiguous to the event; or

(5) The size of the event will require diversion of so great a number of City police personnel to ensure participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes a recommendation to deny 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 event participants with the number of law enforcement officers available to police the event; or

(6) The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit; or

(7) The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof.

When the grounds for recommending denial of an application for permit specified in subsections (2) through (7) above can be corrected by altering the date, time, duration, route or location of the event, the Chief of Police shall conditionally recommend approval of the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as necessary to achieve compliance with subsections (2) through (7) above.

The decision made of the City Manager may be appealed to the City Council in accordance with Title 1, Chapter 4.

(Ord. No. 07-656, 12-4-2007)

Every permit issued pursuant to this Article shall include at least the following conditions:

(a) Permit is not transferable;

(b) The permit shall be conspicuously posted upon the premises of the special event in a manner prescribed by the City Manager;

(c) If the Chief of Police determines the event will endanger the public peace, welfare, health or safety unless the applicant obtains extra police protection, extra police protection shall be a condition for the issuance of a permit and shall be at applicant's expense;

(d) The permit shall expire on a date certain.

(e) Liability insurance naming the City, its officers, employees, agents, employees and volunteers as additional named insureds in amounts sufficient to protect, defend and indemnify the City, its officers, employees, agents, servants and volunteers from losses, claims, liability, injury and damage arising out of, or connected to, the special event.

(f) A permit fee shall be paid in an amount established by the Council. A bond, posted prior to the event, to ensure conditions are met, including cleanup and restoration of landscape.

(a) The City Manager may suspend a permit issued pursuant to this Article based upon reasonable causes, which may include the following:

(1) Nonpayment of permit fees;

(2) Violation of permit conditions;

(3) Violation of law;

(4) Disorderly conduct or use of dangerous substances occasioned by the operation of the special event; or

(5) Information contained in the application, or supplemental information requested from the applicant is found to be false in any material detail.

(6) Transferring permit to any other person, organization, place, date and time.

(b) The Police Chief may summarily suspend a special event permit if the operation of the event constitutes an immediate public health or safety hazard. At the time of suspension, the Chief of Police shall issue a written notice to the permit holder (with a copy to the City Manager) stating the grounds for the suspension and notifying the permit holder of the right to a hearing on the suspension. The City Manager shall render a decision at the conclusion of the hearing. The City Manager may continue the suspension in effect until the grounds for suspension no longer exist.

(c) The City Manager shall commence revocation proceedings by mailing a notice not less than ten (10) days prior to the date set for hearing, informing the permit holder of the causes for revocation, and the time and place at which the revocation matter will be heard. If the revocation notice is given on or within twenty-five (25) days of the start date of the event, the City Manager shall take reasonable steps to expedite the hearing process. The City Manager shall render a decision at the conclusion of the hearing. If an urgent situation exists relative to the public health, safety or welfare for a specific event, the revocation may be effective immediately.