Ceres Municipal Code Ch. 09 Special Events and Temporary Street Closures

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Cul-de-sac means a street or passage closed at one end.

Expressive activity means activity or other conduct that is protected by the First Amendment of the United States Constitution.

(Ord. No. 2020-1057, § 1, 3-23-2020)

This chapter shall apply to any amusement, concession, carnival, flea market, event, parade, and event necessitating temporary street closure within the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No person shall close any portion of a public street or alley to vehicular or pedestrian traffic for the purpose of conducting a celebration, block party, street dance, local special event or for other purposes, without first obtaining a permit from the Collector as provided in this chapter. This section shall not apply to those governmental agencies which are otherwise authorized to close streets. No person shall violate any of the terms of a permit for temporary street closure, nor in any manner interfere with the progress or orderly conduct of a temporary street closure.

(Ord. No. 2020-1057, § 1, 3-23-2020)

In the event that a charitable solicitation, collection, or gratuity is involved, or food, beverages, or other merchandise is to be sold, chapter 5.02 shall be complied with prior to issuance of a permit under this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Issuance of a permit pursuant to this chapter does not obligate or require the City to provide City services, equipment, or personnel in support of an event, although the City may provide such services, equipment, or personnel if such are reasonably available, and the event organizer makes provisions to reimburse the City for the cost, at the discretion at the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Persons who desire to conduct, operate, maintain, organize, advertise, sell, or furnish tickets to more than one special event in a 12-month period may submit a single application for an annual permit covering all events specified in the application. The application shall include the information required by section 5.02.010 for each event.

(Ord. No. 2020-1057, § 1, 3-23-2020)

An individual or entity is not required to seek a permit under section 5.09.090 for the following activities:

A. An event conducted in or on residential property in a residential zone so long as the event conforms to other provisions of this Code;

B. Any activity otherwise constituting a special event conducted on private property that the Collector determines meets all the requirements section 5.09.080;

C. Events involving expressive activity, including, but not limited to, lawful picketing.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. A special event conducted on private commercial property requires a permit pursuant to this chapter if the event:

1. Involves the use of public property or facilities or will have a substantial impact on traffic, public property, or facilities in a way that may require the provision of City public services in response, as determined in the Collector's sole discretion;

2. Creates noise in excess of the standards set forth in chapter 9.04;

3. Involves the use of any pyrotechnic device as defined in Health and Safety Code section 12526, as amended or superseded;

4. Involves the construction or installation of any temporary or permanent tents, canopies or other structures; provided, that such construction or installation requires a permit from the City's fire or planning department; and

5. Involves the use of any exotic or non-domesticated animals, or mechanical amusement rides.

B. An individual seeking an exemption from the permitting requirements under this section shall submit a statement containing the following to the Collector:

1. The name, phone number, and address of the applicant;

2. The date, time, and location of the special event;

3. If located on private property, signed approval from the property owner acknowledging application for a special event; and

4. A sworn statement and any supporting evidence that the event meets the requirements of subsection A.

The Collector's determination concerning an exception to the special event permit pursuant to this section shall be final, but subject to appeal under title 1.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. An application for a special event permit shall be made to the Collector in writing, on a form furnished by the Collector, and signed by the applicant under penalty of perjury. If the application is filed by an organization, the application shall be prepared, signed under penalty of perjury, and filed by an officer of such organization who is not less than 18 years of age.

B. The application for a special event permit shall contain the following information:

1. The name, address, and telephone number of the applicant, the event organizer, an alternative person who may be contacted if the event organizer is unavailable, and all persons having an interest or position of management or control in such organization;

2. If located on private property, signed approval from the property owner acknowledging application for a special event;

3. If the applicant is an organization, the name, address, and telephone number of the organization and the authorized head of the organization shall be provided. The person designated as the applicant by an organization shall provide written authorization from the organization verifying such designation;

4. The name, address, and telephone number of the person who will be present and in charge on the day(s) of the special event;

5. A description of the nature or purpose of the special event for which the permit is requested and an estimate of the maximum number of persons who will be attending the special event;

6. Date(s) and estimated starting and ending time(s) of the special event;

7. Location of the special event, including its boundaries, the street or other public property, and the specific area or areas that will be utilized in connection with the proposed special event, or, if on private property, the business name, street address, and telephone number at which the special event will be conducted;

8. The type and estimated number of animals, equestrian units, animal-drawn conveyances, floats, vehicles, bicycles, motorized displays, and identifiable marching units such as bands, color guards, and drill teams to attend;

9. An estimated number of persons who will attend;

10. Locations of assembly and dispersal of all persons and units listed in subsections 8 and 9;

11. The provision or operation of first aid or emergency aid stations at the special event;

12. The provision or operation of sanitary facilities, including handicap accessible sanitary facilities;

13. Whether any food or beverages, including alcoholic beverages, will be sold at the special event; a separate permit may be necessary to serve alcohol at an event;

14. Whether charity, gratuity, or offering will be solicited or accepted;

15. The type of security or other arrangements that will be provided to ensure that participants are properly directed; and to ensure the prevention of unlawful conduct by participants and attendees;

16. Anticipated parking needed and parking plan for the special event;

17. A proposed plan for seating for the special event, if applicable, and the maximum legal occupancy of the proposed premises, if applicable;

18. Whether sound amplification equipment will be used and a plan for control of noise, including, but not limited to, the noise generated by amplification equipment, motors, and other equipment that may affect nearby premises, with special attention to prevention of noise nuisance to nearby residences, if any, subject to the noise standards set forth in chapter 9.04;

19. A detailed floor plan and site plan of the premises showing the building interior and exterior grounds, including parking spaces, amusement ride location, seating arrangements, dance floor area, bar location, fire exits, and the dimensions of each portion with the layout of the special event, when applicable;

20. A trash and litter collection and off-site disposal plan;

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

22. Evidence of liability insurance to the satisfaction of the Collector; and

23. Such other information pertaining to public health and safety that the applicant may wish to include.

C. The application for special events, such as parades or public assemblies, which require temporary full or partial street closures, shall, in addition to the above information, contain the following information:

1. The assembly point for the special event and the time at which people or units of the special event will begin to assemble and the location of the disbanding area;

2. The proposed route, or such intersections or blocks in which such closure occur, including the maximum length of the special event in miles or fractions of miles;

3. The date, and beginning and ending hours of such temporary street closure;

4. The purpose of the temporary street closure;

5. Whether parking is requested to be restricted or prohibited during such closure;

6. Whether such temporary street closure will occupy all or only a portion of streets or intersections involved;

7. Whether a permit has been requested or obtained from any other jurisdiction in which the activity shall commence, terminate or occur in part; and

8. Other such information as the Chief of Police or other Director deems reasonably necessary in order to carry out his or her duties under this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A completed application shall be filed not less than 30 days in advance of the proposed date of the event. Failure to file within such period is sufficient grounds for denial of a permit. The City Manager may waive the minimum 30-day filing period and accept an application filed within a shorter period if it is found that unusual circumstances or good cause exists and no unreasonable burden upon the City or its citizens will be created thereby.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The City shall notify an applicant, in person or by certify mail, within five business days if the application is missing any information necessary for the City to make a determination. An application will be deemed complete if the City does not provide notice to the applicant within five business days. Notwithstanding the Collector's acceptance of a completed application, no special event date shall be considered confirmed or take place until a special event permit is issued pursuant this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Upon receipt of the application and application fee, the Collector shall refer it to the appropriate City departments, as he or she deems necessary from the nature of the application, for review, evaluation, investigation, and recommendation. Each City department shall also determine the estimated number of hours of service that will be incurred by each department in connection with the permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The Collector may impose conditions on any permit issued pursuant to this chapter 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.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Applicants shall pay the City for all City departmental service charges incurred in connection with, or due to, the applicant's activities under the permit.

B. If City property is destroyed or damaged due to the applicant's use, event, or activity, the applicant shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.

C. Departmental service charges will be established by resolution of the City Council, and will reflect the City's reasonable cost of providing personnel on an hourly basis at rates established in accordance with City personnel rules and regulations and conditions contained within memorandum of understanding between the City and its employees.

D. At least two days prior to a special event permitted under this chapter, the applicant shall pay to the City a deposit in an amount sufficient to cover the total estimated City departmental service charges identified pursuant to this section that are anticipated to be incurred by the City in connection with the permit. The deposit shall be paid in cash or other adequate security, as determined by the City Manager. An applicant may appeal, pursuant to chapter 5.05, the amount of the deposit determined under this section.

E. The City shall submit final invoices and billings for departmental service charges to the applicant no later than 20 working days after the expiration date of the permit. If the deposit is less than the final charges, the applicant shall pay the difference to the Collector within ten working days of being invoiced for such charges from the City. If the deposit is more than such final charges, the City shall refund the difference to the applicant within 60 days after the event.

F. Collection of costs shall be governed by title 19.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Collector shall consult with the Chief of Police regarding additional police protection requirements. The Chief of Police shall base this decision on the size, location, duration, time, and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection for the temporary street closure is deemed necessary by the chief of police, he or she shall so inform the applicant for the permit. The applicant then shall have the duty to secure the police protection deemed necessary by the Chief of Police at the sole expense of the applicant.

B. Persons seeking a temporary street closure for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No person shall unreasonably hamper, obstruct or impede, or interfere with any event or activity which has secured a valid permit pursuant to this chapter, or with any person, vehicle or animal participating or used in connection with the event or activity.

B. No driver of a vehicle shall drive between the vehicles or persons comprising a temporary street closure when such vehicles or persons are in motion and are conspicuously designated as a temporary street closure.

C. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a temporary street closure. The Chief of Police shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. For all special events subject to the requirements of this chapter, the Collector shall require as a condition of the issuance of a permit that the applicant obtain, furnish proof of, and maintain, a policy of insurance issued by an insurance company authorized to do business in the state of California. The insurance policy shall be endorsed to name the City of Ceres and its elected and appointed boards, officers, agents, and employees as an additional insured, and shall provide that any other insurance maintained by the City of Ceres shall be in excess of, and not contributing to, the insurance coverage provided to the City of Ceres under the applicant's policy. The minimum limits of liability shall conform to a schedule which shall be adopted by a separate resolution of the City Council; provided, however, that in no case shall the minimum limits of liability be lower than $1,000,000.00, combined single limits, per occurrence and in the aggregate.

B. The applicant shall also be required to sign an indemnity agreement in a form approved by the City Attorney, which shall expressly provide that the applicant agrees to defend, protect, indemnify and hold the City, its officers, employees, volunteers and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of applicant, its officers, agents or employees, in connection with the permitted event or activity; and the permit shall expressly provide that the applicant shall, at applicant's own cost, risk and expense, defend any and all claims of legal action that may be commenced or filed against the City, its officers, employees, volunteers and agents, and that the applicant shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the City, its officers, employees, volunteers and agents as a result of the alleged acts or omissions of applicant or applicant's officers, agents, or employees in connection with the uses, events or activities under the permit. If an applicant provides proof that the insurance obligations, pursuant to subsection A of this section, provide contractual liability coverage for any obligations contemplated by the indemnity provisions in this section, the City agrees not to enforce the indemnity agreement against the applicant.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No person shall engage in any event or activity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property.

B. No person shall participate in any temporary street closure while carrying or possessing any length of metal, lumber, wood, or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is one-fourth inch or less in thickness and two inches or less in width, or if not generally rectangular in shape, such object shall not exceed three-fourths inch in its thickest dimension.

C. No person shall participate in any temporary street closure while carrying any sign, poster, plaque, or notice, whether or not mounted on a length of material as specified in subsection E of this section, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material.

D. It shall be unlawful for any person participating in a temporary street closure to utilize sound amplification equipment at decibel levels that exceed those limits imposed by chapter 9.04.

E. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. A permit may be denied by the Collector when, from a consideration of the application or from such other information as may otherwise be obtained, the Collector finds that one or more of the following circumstances exist:

1. The applicant has knowingly and with intent to deceive made any false, misleading or fraudulent statements of a material fact in the application for a permit or in any other document required pursuant to this chapter;

2. The application has failed to meet the standards in this chapter, has failed to pay in advance any fee required or refuses to agree to such conditions as are imposed in the permit;

3. The event or activity is proposed to be located, or is located, in or upon a premises, building, or structure, which is hazardous to the health or safety of the employees or patrons of the premises, business, activity, or event, or the general public, under the standards established by the California Building Standards or Fire Codes, or other applicable codes, as set forth in title 15;

4. The event or activity is proposed to be located, or is located, in or upon a premises, building, or structure, which lacks adequate on-site parking for participants attending the proposed event or activity under the applicable standards set forth in this Code;

5. The event or activity is scheduled to occur at a location and time in conflict with another event or activity scheduled for the same day or weekend, where such conflict would adversely impact the City's ability to provide adequate City services in support of other scheduled events or scheduled government functions;

6. The event will substantially disrupt the orderly and safe movement of public transportation, or other vehicular and pedestrian traffic, around its location;

7. The event will require the diversion of public safety or other City employees from their normal duties, to unreasonably reduce adequate levels of service or municipal functions to any other portion of the City;

8. The concentration of persons, animals, or vehicles will unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles, equipment, or personnel;

9. The event or activity: (a) will have a substantial adverse impact on the health and safety of the general public, residents, or businesses within a 500-foot radius of the event; or (b) will violate the City's noise standards set forth in chapter 9.04;

10. The event or activity will take place in an area of the City, or on any public right-of-way scheduled for maintenance, construction or repair prior to the submission of the application for the event and either (a) the conduct of the event would interfere with such maintenance, construction, or repair; or (b) the maintenance, construction, or repair would represent a threat to the health or safety of the participants in the event;

11. The ability of persons to enter and exit residential or business properties impacted by the event will be unreasonably impaired considering factors such as the duration, size, and scope of the event;

12. The proposed use, event, or activity will have a significant adverse environmental impact;

13. The applicant has violated condition(s) of a previous permit issued pursuant to this chapter for the same or similar event within the prior 36 months; provided, that the City notified the applicant in writing of any such violation within 60 days of the violation;

14. The conduct of the event or activity is reasonably likely to cause injury to persons or property;

15. The event or activity will lack adequate sanitation and other required health facilities; and

16. The event or activity will not have sufficient police protection.

B. When the grounds for denial of an application are based on any of the circumstances specified in subsection A of this section, and those circumstances can be corrected by altering the date, time, duration, route, location, or other detail of the special event or temporary street closure, the Collector 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 only for such modification of the special event as are necessary to alleviate the circumstances set forth in subsection A of this section.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Within 15 business days of receipt of a complete application for a permit, the Collector shall provide notice to the applicant of the Collector's decision on the application by written notice, together with a list of conditions imposed if the application has been granted or, if the application has been denied, the specific factual reason for the denial pursuant to section 5.09.190. The Collector shall also provide notice of the decision to the City Council.

The notice shall inform the applicant of his or her right to appeal the decision or any conditions imposed if the application has been granted, and shall state the last date on which such an appeal may be filed, which shall be the third business day after the date on which the notice was delivered personally, by certified mail, or via facsimile to the applicant. Any appeal of the Collector's decision on an application under this chapter shall be subject to the appeal provisions set forth in title 1 of this Code.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. A permit issued under this chapter shall be revoked or suspended by the Collector or the Chief of Police if he or she finds that one or more of the following conditions exists and have not been corrected by the applicant after reasonable notice of the condition's existence has been given:

1. The permit is being used to conduct an activity different from that for which it was issued;

2. That one or more of the conditions listed in 5.09.190 exists;

3. That the activity is being conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit pursuant to section 5.09.130 or fails to conform to the plans and procedures described in the application;

4. The applicant violates or attempts to violate any federal, state, or local laws and regulations; or

5. The special event is being conducted in a fraudulent or unlawful manner, or in a manner which endangers the public health or safety.

B. Such suspension shall become effective immediately upon order of the Collector or Chief of Police and shall remain in effect until the applicant has corrected the violation or the permit has expired on its own terms. Revocation shall not be effective until notice is provided pursuant to section 5.04.040.

C. In the event a permit is revoked pursuant to the provisions of this section, another permit shall not be granted to the applicant within 12 months after the date of such revocation.

D. The Collector's or Chief of Police's determination to revoke or suspend a permit shall be based upon written findings, and shall be subject to appeal as set forth in chapter 5.05, if the revocation or suspension occurs prior to the date(s) of the special event.

E. No license shall be revoked until after a hearing before the City Council, which is governed by chapter 5.05 Upon revocation of a license, the City Council may, in such cases as it deems proper, order refunded to the person whose permit is revoked any prepaid permit fees of such person.

(Ord. No. 2020-1057, § 1, 3-23-2020)