Carpinteria Municipal Code Ch. 10.68 Special Event Permits

Footnotes:

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Prior ordinance history: Ord. 329.

Editor's note— The title of Chapter 10.68 was renamed by Ord. 616, § 2.

The following definitions shall govern the construction of this chapter:

A. "Applicant" means any person or organization who seeks a special event permit from the city manager to conduct or sponsor an event governed by this chapter. An applicant must be eighteen (18) years of age or older.

B. "Athletic event" means an occasion in which a group of persons collectively engage in a sport or form of physical exercise on a city street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Athletic events include bicycle and foot races.

C. "Beverage container" means any glass, metal, or plastic bottle, can, jar or other container used to contain a liquid intended for use or consumption.

D. "Block party" means a festive gathering on a residential street requiring a closure of a street, or a portion thereof, to vehicular traffic, and use of the street for the festivity including barbecues, picnics, music or games.

E. "City manager" means the city manager or his authorized representative.

F. "Free-speech route" means a route (course of travel) along streets, sidewalks or other street rights-of-way for use by special events whose primary purpose is first amendment expression. No traffic-control fees pursuant to Section 10.68.120 will be charged for events utilizing a freespeech route if the event applicant satisfies the conditions for waiver of fees specified in subsection E of Section 10.68.120.

G. "Outside beverage container" means any beverage container that was not sold within the special event boundaries at the time of the event.

H. "Parade" means a march or procession consisting of persons, animals or vehicles, or combination thereof, on any city street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.

I. "Permit application fee" means the fee to be paid by the special event permit applicant at the time the application is filed with the city manager. A fee schedule shall be set by the city council and shall cover the actual full costs (or a portion thereof) of processing and investigating special event applications, and administering the special event permit program.

J. "Permittee" means any person or organization who has been issued a special events permit by the city manager.

K. "Person" means and includes any individual, firm, partnership, association, corporation, company or organization of any kind.

L. "Right-of-way" means the dedicated portion of any street or road within the city.

M. "Special event" includes, but is not limited to, the following types of activities: a neighborhood block party, barbecue, picnic, fundraiser, parade, athletic event, street fair, art and craft show, carnival, soap box derby, rally, community event or any other type of similar social event which occur on a city street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls; or picnic, barbecue or other gathering in a public park at a time of the day, or a day of the week, when such public park use is otherwise prohibited, and/or where the consumption of or possession of an open container of any alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume will occur.

(Ord. 616 § 3, 2006: Ord. 472 § 3, 1992; Ord. 391 § 1 (part), 1986)

(Ord. No. 644, § 4, 8-9-2010)

Any person desiring to conduct or sponsor a special event in the city shall first obtain a special event permit from the city manager. A special event permit is not required for the following:

A. Special events for which the city has issued a discretionary permit for the use of exclusive city parks or buildings;

B. Funeral processions;

C. Governmental agencies acting within the scope of their authorized function;

D. Parades involving a total of forty (40) or fewer pedestrians marching along a parade route which is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of fifteen (15) or less, and shall allow vehicles to pass between each unit.

(Ord. 616 § 4, 2006: Ord. 391 § 1 (part), 1986)

A. Any person desiring to sponsor a special event not exempted by Section 10.68.020 shall apply for a special event permit by filing a verified application with the city manager on a form supplied by the city manager.

B. Upon a showing of good cause, the city manager shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application, and obtain police services for the event. Good cause can be demonstrated by the applicant showing that the circumstance which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed.

C. 1.

The application for a permit shall be accompanied by a nonrefundable permit application fee in the amount set by city council resolution.

2. The nonrefundable permit application fee requirements of this subsection C shall be waived by the city manager for nonathletic events if the applicant or an officer of the sponsoring organization signs a verified statement that he believes the event's purpose is first amendment expression, and that he has determined that the cost of such fee is or may be so financially burdensome that it would constitute an unreasonable burden on the right of first amendment expression.

(Ord. 616 § 5, 2006; Ord. 391 § 1 (part), 1986)

The application for a special event permit shall provide the following information:

A. All events:

1. The name, address, and telephone number of the applicant and an alternative contact person,

2. If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization. If requested by the city manager, written authorization to apply for the special event permit by an officer of the organization,

3. The name, address and telephone number of the person who will be present and in charge of the event on the day of the event,

4. The nature/purpose of the event,

5. Date and estimated starting and ending time of the event,

6. Location of the event including its boundaries,

7. Estimated number of participants in the event,

8. The type and estimated number of vehicles, animals and structures which will be used at the event; whether there will be water aid stations at the event,

9. Description of any sound-amplification equipment which will be used at the event,

10. Whether any food or beverages will be sold at the event,

11. Whether monitors will be employed at the event,

12. Parking requirements for the event;

B. Additional information required for parades, races, and other events occurring along a route:

1. The assembly point for the event; the time at which units of the parade or other event will begin to assemble,

2. The route to be traveled,

3. Whether the parade or other event will occupy all or only a portion of the streets proposed to be traversed,

4. The intervals of space to be maintained between units of a parade or other event,

5. The number, types, and size of floats,

6. Material and maximum size of any signs or banners to be carried along the route,

7. The disassembly point for the event; the time at which units of the parade or other event will complete disassembly;

C. Supplemental Information. Any supplemental information which the city manager shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve, or conditionally approve a special event permit pursuant to Sections 10.68.060 and 10.68.070, shall be provided.

(Ord. 391 § 1 (part), 1986)

A. Upon receipt of the application, the city manager shall transmit a copy of such application to the following: chief of police, community development director and the fire chief. Each of the foregoing may review and provide a written report to the city manager within ten (10) calendar days after the filing of such application. Immediately upon the granting of a permit, the city manager shall transmit a copy thereof to each of the above departments.

B. The city manager shall approve, conditionally approve, or deny an application for the grounds specified in Section 10.68.060. Such action shall be taken no later than fifteen (15) calendar days after receiving a completed application for an event along a preestablished route pursuant to subsection D of Section 10.68.120 or free-speech route pursuant to subsection E of Section 10.68.120. Action on all other special event applications shall be taken no later than thirty (30) calendar days after receiving a completed application. In the event of special circumstances, as determined by the city manager, the time limits for determination may be reasonably extended by the city manager. If the application is denied, or conditionally approved, the city manager shall inform the applicant of the grounds for denial in writing, or the reason for a change in the date, time, route or location of the event, and his right of appeal. If the city manager relied on information about the event other than that contained in the application, he shall inform the applicant what information he considered. The applicant shall be notified of any permit conditions at the time the application is approved, and of his right of appeal of the permit conditions. If the city manager refuses to consider a late application under subsection B of Section 10.68.030, the city manager shall inform the applicant of his reason for the refusal, and of his right of appeal.

(Ord. 391 § 1 (part), 1986)

A. The city manager shall approve an application for a special event permit unless he determines from a consideration of the application, or other pertinent information, that:

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

2. The applicant fails to complete the application form after having been notified of the additional information or documents required;

3. The sole purpose of the event is advertising of any product, good, ware, merchandise or event, and is designed to be held solely for private profit and not for first amendment expression;

4. 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/or place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both events;

5. 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;

6. 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 police, fire or ambulance services to areas contiguous to the event;

7. The size of the event will require diversion of so great a number of police officers of the city to insure that 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 denial of a permit when additional peace officers would be available to the city under applicable state law and mutual aid plans, if requested by the city in advance of the event. Nothing herein authorizes denial of 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 police officers available to police the event;

8. The parade, or other event moving along a route, will not move from its point of origin to its point of termination expeditiously and without unreasonable delays, and in a reasonable amount of time;

9. 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;

10. 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.

B. When the grounds for denial of an application for permit specified in subsections (A)(4) through (A)(10) of this section can be corrected by altering the date, time, duration, route or location of the event, the city manager shall, instead of denying the application conditionally, approve 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 are necessary to achieve compliance with subsections (A)(4) through (A)(10) of this section.

(Ord. 391 § 1 (part), 1986)

A. The city manager may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic; provided, such conditions shall not unreasonably restrict the right of free speech. Such conditions include:

1. Alteration of the date, time, route or location of the event proposed on the event application;

2. Conditions concerning the area of assembly and disbanding of parade or other events occurring along a route;

3. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street traversed;

4. Requirements for the use of traffic cones or barricades;

5. Requirements for provision of first aid or sanitary facilities;

6. Requirements for use of event monitors;

7. Restrictions on the number and type of vehicles or structures at the event, and inspection and approval of floats, structures and decorated vehicles for fire safety by the Carpinteria-Summerland fire department;

8. Compliance with animal protection ordinances and laws;

9. Requirements for use of garbage containers, cleanup, and restoration of city property;

10. Restrictions on use of amplified sound;

11. An application for a special event permit to conduct a block party may be conditioned on notice and approval by seventy-five (75) percent of the residents of dwellings along the affected street(s);

12. Compliance with any relevant ordinance or law and obtaining any legally required permit or license;

13. Conditions concerning the presence, control and/or restriction of animals at any special event, including, but not limited to, the prohibition of dogs at such special events;

14. Restrictions on the conduct of the public at any special event, including, but not limited to, restrictions on bringing outside beverage containers into and out of the event boundaries.

B. If any condition is imposed under this subsection that affects the general public, the applicant shall be required to post the contents of the condition at all entrances, exits and major intersections within the special event boundaries so as to provide reasonable notice of the condition to all event participants and attendees. Failure to properly post such conditions shall be a violation of the permit.

C. It is unlawful for any person to violate any condition under this subsection where those conditions have been properly posted pursuant to this subsection.

(Ord. 616 § 6, 2006: Ord. 574 § 5, 2001; Ord. 573 § 6, 2001; Ord. 391 § 1 (part), 1986)

A. The applicant shall have the right to appeal the denial of a permit or a permit condition to the city council. The applicant shall also have the right to appeal the amount of fees, or cleanup deposits imposed pursuant to Sections 10.68.120 and 10.68.130, or a determination by the city that the applicant's insurance policy does not comply with the requirements specified in Section 10.68.090. A written notice of appeal shall be filed within five (5) days after mailing or personal delivery of a notice of denial or permit condition with the city clerk, setting the grounds for the appeal. Regular meetings of the city council are scheduled on the second and fourth Mondays of each month. The appeal must be filed no later than noon, one calendar week preceding a city council meeting, to be placed on the next regular meeting's agenda.

B. The city council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at its next regular meeting.

The decision of the city council is final.

(Ord. 391 § 1 (part), 1986)

The city manager shall issue the special events permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit, and the following sections of this chapter have been complied with:

A. Section 10.68.100 pertaining to indemnification;

B. Section 10.68.110 pertaining to insurance;

C. Section 10.68.120 pertaining to police traffic-control fees;

D. Section 10.68.130 pertaining to cleanup deposits (when applicable).

(Ord. 391 § 1 (part), 1986)

A. Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization, if any, must sign an agreement and may be required to post a cash bond in an amount to be determined by the city manager, sufficient to reimburse the city for any costs incurred by it in repairing damage to city property occurring in connection with the permitted event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees or agents, or any person who was under the permittee's/sponsoring organization's control insofar as permitted by law. The agreement shall also provide that the permittee/sponsoring organization shall defend the city against, and indemnify and hold the city harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees or agents, or any person who was under the permittee's/sponsoring organization's control insofar as permitted by law. Persons who merely join in a parade or event are not considered by that reason alone to be "under the control" of the permittee/sponsoring organization.

B. The indemnification and cash bond requirements of this section shall be waived by the city manager for nonathletic events if the following conditions are satisfied:

1. The applicant or an officer of the sponsoring organization signs a verified statement that he believes the event's purpose is first amendment expression, and that he has determined that the cost of posting a bond or entering into an indemnification agreement is or may be so financially burdensome that it would constitute an unreasonable burden on the right of first amendment expression, or that it has been impossible to obtain a bond. The statement shall include the name and address of one bonding agency or other source of obtaining such bond contacted to determine the cost of such bond for indemnification purposes.

2. The city may, at its discretion, determine to require the applicant/sponsor to apply for any indemnification bond for the event under terms selected by the city. The applicant/sponsor must provide any information pertinent to qualifying for the bond. The cost of the bond will be paid for by the city rather than the applicant/sponsor.

(Ord. 391 § 1 (part), 1986)

A. The applicant/sponsor of an event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall name on the policy or by endorsement as additional insureds the city of Carpinteria, its officers, employees and agents. Insurance coverage must be maintained for the duration of the event. Coverage shall be a comprehensive general liability insurance policy. Minimum limits required:

1. One million dollars ($1,000,000.00) for each occurrence combined single limit bodily injury and property damage;

2. If food or nonalcoholic beverages are sold or served at the event, the policy must also include an endorsement for products liability in an amount not less than five hundred thousand dollars ($500,000.00). If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than five hundred thousand dollars ($500,000.00).

B. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the city manager no less than five (5) days before the date of the event unless the city manager for good cause waives the filing deadline. The special event permit shall not be issued by the city manager until after the insurance policy or certificate of insurance along with necessary endorsements have been filed by the applicant/sponsor and approved by the city manager.

C. The insurance requirements of subsections A and B of this section shall be waived by the city manager for nonathletic events if the following condition is satisfied: the applicant or an officer of the sponsoring organization signs a verified statement that he believes the event's purpose is first amendment expression, and that he has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of first amendment expression, or that it has been impossible to obtain insurance coverage. The statement shall include the name and address of one insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage.

D. The city may, at its discretion, determine to require the applicant/sponsor to apply for insurance coverage for the event under a policy selected by the city. The applicant/sponsor must provide any information pertinent to qualifying for the insurance coverage. The premium for the insurance coverage will be paid by the city rather than the applicant/sponsor.

(Ord. 391 § 1 (part), 1986)

A. Fee Deposit. Upon approval of an application for a special event permit, the city manager shall provide the applicant with a statement of the estimated cost of providing overtime police officers and public works employees for traffic control at the event and the cost of any materials required. The applicant/sponsor of the event shall be required to prepay the traffic-control fees and expenses prior to the issuance of a special event permit. Traffic control by officers includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event.

B. Computing Traffic-Control Fees. The traffic-control fees will be computed by determining the number of police officers and public works employees who will be required for traffic control in addition to those who would otherwise be on duty at that time, the number of hours the officers and employees will be on duty for the event, and the city's full cost of providing officers on an hourly basis as established by the police department fee schedule. In determining traffic-control fees, the city manager shall establish a fee based on the applicant/sponsor's use of monitors for the event.

C. Adjustments. If the actual cost for traffic control on the date of the event is less than the estimated cost pursuant to subsection A of this section, the applicant/sponsor will be promptly refunded the difference by the city. If the actual cost for traffic control on the date of the event is more than the estimated cost pursuant to subsection A of this section, the difference shall become due and payable to the city upon the applicant's receipt of a statement of costs.

D. Preestablished Event Routes and Fees. The city manager shall preestablish several event routes within the city. The routes shall specify the number of officers assigned for police traffic-control on the routes. The preestablished routes and the fee schedule for police traffic-control services shall be made available to the public.

E. Free-Speech Routes and Waiver of Fees. Traffic-control fees will be waived by the city manager for nonathletic events if the following conditions are satisfied:

1. The applicant/sponsor signs a verified statement that he believes the event's purpose is first amendment expression, and that the cost of traffic-control fees is so financially burdensome that it would constitute an unreasonable burden on the right of first amendment expression;

2. The applicant or sponsor selects one of the preestablished free speech routes for a parade or other event established by the city manager.

(Ord. 391 § 1 (part), 1986)

A. The applicant/sponsor of an event involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations, shall be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit shall be in the amount established in a cleanup fee schedule adopted by city council resolution.

B. The cleanup deposit shall be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event.

C. If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration, and the cleanup deposit, or a portion thereof, shall be applied toward payment of the bill. If the applicant/ sponsor disputes the bill, he may appeal to the city manager within five days after receipt of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant/sponsor. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant's receipt of the bill.

(Ord. 391 § 1 (part), 1986)

A. Each permittee/sponsor of an event shall comply with all terms and conditions of the special event permit.

B. Each permittee/sponsor of an event shall ensure that the person leading a parade or other event along a route, or the person in charge of any other event shall carry the special event permit on his person for the duration of the event.

C. Each permittee/sponsor of an event shall ensure the area used for the permitted event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event.

(Ord. 391 § 1 (part), 1986)

It is unlawful for any person to sponsor or conduct a parade, athletic event or other special event requiring a special event permit under Section 10.68.080 unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued the required permit; nor shall any person interfere with or disrupt a lawful parade, athletic event, or other special event.

(Ord. 391 § 1 (part), 1986)

The special event permit authorizes the permittee/sponsor to conduct only such event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to wilfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to wilfully violate the terms and conditions of the permit.

(Ord. 391 § 1 (part), 1986)

The city manager may revoke a parade permit issued pursuant to this chapter if he finds that any term, condition, restriction or limitation of such permit has been violated, or if he finds that, as a result of changed circumstances, any one or more of the grounds for denial specified in Section 10.68.060 have been met. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the city council from any such revocation may be taken as specified in Section 10.68.080. No permit shall be revoked, except in an emergency, without giving the permittee a reasonable opportunity to be heard and to present evidence as to why the permit should not be revoked.

(Ord. 391 § 1 (part), 1986)