Chico Municipal Code Ch. 14.55 Use of Streets for Athletic Events

This chapter is adopted pursuant to the municipal affairs provisions of the city Charter for the purpose of regulating athletic events occurring on or within a city street or other public right-of-way which cause the temporary closure of any public street to vehicular traffic which is not a part of the athletic event.

(Ord. 2275)

The following definitions shall govern the construction of the words and phrases used in this chapter:

A. Athletic event. The term “athletic event” means any event in which a group of persons collectively engage in a sport or athletic activity on or within a city street, sidewalk or other public right-or-way, including, but not limited to, jogging, running, bicycling and rollerskating, and for which any public street is temporarily closed to vehicular traffic other than that which is a part of the athletic event.

B. Event. The term “event” means an athletic event which is the subject of a permit application filed pursuant to this chapter.

The term “director,”as used in this chapter, shall mean the director of the administrative services department.

(Ord. 2275, Ord. 2364 §192, Ord. 2439 §100)

The director is responsible for the administration of this chapter and shall be assisted by the chief of police and fire chief as set forth in this chapter.

(Ord. 2275, Ord. 2364 §193)

A. It shall be unlawful for any person to conduct, sponsor, or knowingly participate in any athletic event unless a permit for such event has been issued pursuant to this chapter.

B. This chapter shall not apply to any athletic event conducted exclusively within the boundary of a city park or playground under the jurisdiction of the Bidwell Park and Playground Commission.

(Ord. 2275)

Applications for a permit authorizing an athletic event shall be filed in the office of the director at least twenty-five business days prior to the date of the event.

(Ord. 2275, Ord. 2364 §194)

Applications for a permit authorizing an athletic event shall be filed on a form prescribed by the director and shall contain all of the following information:

A. The name, home and business addresses, and home and business telephone numbers of the person filing the application;

B. If the event is to be conducted by an organization, the name, addresses and telephone numbers of the organization, the name, home and business addresses, and home and business telephone numbers of the president or other head of the organization, and documentation of the authority under which the applicant is applying for the permit on behalf of the organization;

C. The name, home and business addresses, and home and business telephone numbers of the person who will be present and in charge of the event on the day of the event and any pager or cell phone numbers at which that person can be reached during the event;

D. The area of public streets to be closed;

E. The proposed date and the starting and estimated ending time of the event;

F. The proposed location of the event, including its boundaries;

G. The estimated number of participants in the event;

H. A description of any sound amplification equipment proposed to be used;

I. The parking requirements for the event;

J. The location of any water and first aid stations to be provided at the event; and

K. The type and number of any vendors who will sell food or beverages at the event pursuant to a permit issued in the manner provided for in Title 5 of this code.

L. Such other information as the director may reasonably require.

(Ord. 2275, Ord. 2364 §195)

Every application for an athletic event permit shall be accompanied by an application fee in an amount established by resolution of the city council.

(Ord. 2275)

Upon the filing of an application for a permit authorizing an athletic event, the director shall immediately forward the application to the chief of police and fire chief. Following the receipt of an application, the chief of police shall review and evaluate the application and report back to the director the number, type, and estimated hours of employment of all police department personnel which will be necessary to control traffic during the event in order to enable the director to compute a traffic control fee for the event.

(Ord. 2275, Ord. 2364 §196)

Upon the receipt of a completed application for a permit authorizing an athletic event, the director shall approve or deny the application not later than the fifteenth city business day after the date the application was filed.

(Ord. 2275, Ord. 2364 §197)

When the director determines that a completed application has been filed for a permit for an athletic event and that there are no grounds for denying such permit, the director shall approve the permit subject to all the general conditions required by this chapter, plus any special conditions authorized by this chapter and determined by the director to be applicable to the event. Upon approving an application for a permit, the director shall promptly cause a notice of such action to be served on the applicant and provide copies of the notice to the city manager, chief of police and fire chief. The director shall issue a permit authorizing the event to the person or organization designated as the applicant on the application after the applicant has executed an indemnification agreement, provided proof of insurance coverage and paid a traffic control fee, all as required by this chapter as conditions precedent to the issuance of permit for an athletic event.

(Ord. 2275, Ord. 2364 §198)

A. Grounds for Denial. The director shall deny an application for a permit if the director determines that:

1. The application is incomplete;

2. The information contained in the application is false in any material respect;

3. An application for another event to be held on the same date and in the same location as requested by the applicant has been previously approved or has been previously filed and may be approved.

4. A license, franchise or other permit has previously been granted to another person for the use of the same location on the same date;

5. The location or concentration of participants at the site of the event or at the site of an assembly or disbanding area around the event will prevent proper police, fire or ambulance services to the event or areas contiguous to the event; or

6. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, sidewalk or other public right-of-way to be occupied by the event.

B. Notice of Denial. If the director denies an application for a permit, the director shall promptly serve a notice of that determination on the applicant and shall provide copies of such notice to the city manager, city attorney, chief of police and fire chief. The notice shall set forth, with particularity, the reasons for the denial.

(Ord. 2275, Ord. 2364 §199)

A. The denial of an application for an athletic event permit may be appealed to the city manager by filing a written notice of appeal no later than the third city business day after which the director has served a notice of the denial of the permit on the applicant.

B. Appeals shall be filed on a form prescribed by the director and shall state the specific grounds for the appeal.

C. The city manager shall decide each appeal no later than the third city business day after the appeal is filed.

D. The decision of the city manager on an appeal shall be final.

(Ord. 2275, Ord. 2364 §200)

Prior to issuance of a permit, the permit applicant shall obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best’s Insurance Guide of at least “B” which provides insurance coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. Such insurance shall be in a form approved by the city’s risk manager, shall be in the amount of at least $1,000,000.00 combined single limit, and shall name the city and the city’s officer’s, employees and agents as additional insureds under the coverage afforded. In addition, such insurance shall be primary and noncontributing with respect to any other insurance available to city and shall include a severability of interest (cross-liability) clause. Proof of such insurance, in a form approved by the city’s risk manager, shall be filed with the director prior to the issuance of the permit and such insurance shall be maintained in full force and effect throughout the course of the event authorized by such permit.

(Ord. 2275, Ord. 2364 §201)

Prior to issuance of a permit, the applicant or sponsor for an athletic event permit must sign an agreement to reimburse the city for any costs incurred by it in repairing damage to city property which results from the actions of those sponsoring the event or participants in the event and to defend the city against and indemnify and hold the city harmless from any liability to any person which results from the actions of those sponsoring the event or participating in the event.

(Ord. 2275)

Prior to the issuance of a permit, the permittee shall pay to the city a traffic control fee in an amount equal to the city’s total estimated costs for providing personnel and materials including, but not limited to, police department personnel necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event. The traffic control fee shall be determined by the director based upon a schedule of traffic control fees and rates established by resolution of the city council; the estimate of the chief of police as to the type, number and hours of employment of police department personnel necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event; and the estimate of the director as to the type, number and hours of employment of other city personnel necessary to control or monitor the event. Such fee shall be paid prior to the issuance of the permit.

(Ord. 2275, Ord. 2364 §202)

Where applicable, the director shall also condition an athletic event permit on the following special conditions:

A. The provision of portable sanitation facilities, including handicap-accessible facilities, for any event with a duration longer than one hour;

B. The provision of first aid stations;

C. The provision of garbage containers and the cleanup of all debris and litter from the site of the event within four hours after the conclusion of the event;

D. The provision and use of traffic cones and barricades; and

E. The provision of a notice of permit conditions to event participants.

(Ord. 2275, Ord. 2364 §203)

A. Revocation by Director. The director shall revoke a permit authorizing an athletic event if the director determines that grounds exist for denying the permit which were first disclosed or otherwise made known to the director after issuance of the permit.

B. Revocation by Director, Chief of Police or Fire Chief. The director, chief of police or fire chief may revoke a permit authorizing an athletic event if the director, chief of police or fire chief determine that the event is being conducted in violation of the terms and conditions of the permit, or where the event participants have violated any applicable law or regulation. The director, chief of police or fire chief shall not revoke a permit in the manner provided by this subsection until such city officer advises the permittee or responsible event participants of the violation and provides the permittee with a reasonable opportunity to correct the violation.

C. Notice of Revocation. When the director, chief of police or fire chief determine to revoke a permit authorizing an athletic event prior to the date of such event, such city officer shall promptly cause a notice of such action to be served on the permittee and shall provide copies of the notice to the city manager, city attorney and all remaining city officers charged with carrying out any responsibilities under this chapter. However, where the director, chief of police or fire chief determine to revoke a permit authorizing an athletic event on the day of such event, such city officer shall announce such action to the event participants, to those persons engaged in monitoring or controlling traffic during the event, and to the person in charge of the event if such person can be located at the site of the event. Thereafter, the city officer revoking such permit shall cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the city manager and city attorney. The written notice shall set forth, with particularity, the reasons for the revocation.

(Ord. 2275, Ord. 2364 §204)

The director, chief of police, fire chief and any sworn peace officer employed by the city may temporarily suspend an athletic event authorized by a permit issued pursuant to this chapter whenever there is a fire or other emergency which requires the event to be temporarily suspended to protect public safety. When an event is temporarily suspended for this reason, the permittee and event participants shall immediately comply with the suspending officer’s instructions.

(Ord. 2275, Ord. 2364 §205)

The director is authorized and directed to place barricades on or within the city’s streets, sidewalks or other public rights-of-way, and to undertake such other actions as may be necessary to cordon off the route or site of the athletic event. In addition, the director, when appropriate, shall post the route or site of such event as a no-parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to preclude vehicles parking along the route or at the site of the event.

(Ord. 2275, Ord. 2364 §206)

The director shall endeavor to give notice of the nature, date and time of any athletic event for which a permit is issued as soon as possible prior to the date of such event to all owners of property adjoining the city street, sidewalk or other public right of way where such event is to occur, either by serving copies of such notice on such property owners, by publishing such notice in a newspaper of general circulation, or by posting such notice along the route or at the site of the event. However, the provisions of this section pertaining to such notice shall be directory only, and the failure of the director to give such notice shall not invalidate a permit.

(Ord. 2275, Ord. 2364 §207)

A. Interference With Athletic Event. No person shall obstruct, impede, hamper or otherwise interfere with an athletic event authorized by a permit issued in the manner hereinbefore provided by this chapter.

B. Prohibited Parking. No person shall park along or within any portion of the route or site of an athletic event authorized by a permit issued under this chapter when that route or site has been posted as a no parking zone by the director.

(Ord. 2275, Ord. 2364 §208)

Any violation of the provisions of this chapter or of the terms and conditions of a permit approved and issued under this chapter, shall be an infraction punishable by a fine as provided for by Section 1505 of the city Charter.

(Ord. 2275)