Chino Hills Municipal Code Ch. 12.36 Special Events

Footnotes:

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Editor's note— Ord. No. 235, § 3, adopted March 9, 2010, repealed former Ch. 12.36, §§ 12.36.010—12.36.170, and enacted a new Ch. 12.36 as set out herein. Former Ch. 12.36 pertained to parades and special events and derived from Ord. No. 33, §§ 1—17, 1993.

The purpose of this chapter is to regulate special events within the City to ensure that these activities will not adversely affect the public health, safety and welfare of the citizens of the community, and to ensure that these events will be compatible with adjacent land uses and the environment.

(Ord. No. 235, § 3, 3-9-2010)

For purposes of this chapter the following definitions shall apply:

"Aircraft and/or balloon event" means an exhibition of aircraft and piloting skills, or flying above the ground in a basket attached to a high sided balloon powered by hot air and gas.

"Auto sale" means the temporary display of new or used motorized vehicles including automobiles, trucks, boats, motorcycles, etc. at a commercial center, parking lot, or other location for the procurement of said vehicles by the general public.

"Block party" means an event where the residents of a neighborhood request to close their street to vehicular traffic in order to socialize and build neighborhood community, usually involving food and games.

"Business exposition" means an organized public fair or event at which four or more businesses display business services and products, designed to promote trade.

"Car wash fundraiser" means a charitable event, sponsored by a nonprofit group, where volunteers vacuum, wash, and dry vehicles by hand. Proceeds from the event are generally used to support the activities of the nonprofit group that sponsored the event.

"Carnival" means a traveling amusement show usually including rides, games, sideshows, and the sale of food and merchandise.

"Circus with animals" means public entertainment usually presented in one or more very large tents, or an indoor or outdoor arena, featuring exhibitions of pageantry, feats of skill or daring, performing animals, etc., as well as the sale of food and merchandise.

"Christmas tree lot" means an area of open space or portion of a parking lot that is temporarily enclosed by fencing to house and sell fresh-cut pine trees for use as Christmas decorations.

"City" means City of Chino Hills.

"City Council" means the duly elected governing body of the City of Chino Hills.

"City Manager" means the City Manager of the City of Chino Hills.

"City resources" means any commitment of City funds, manpower, supplies, materials, or other services used to control, support, augment, or assist in any way a special event in the City.

"Counter" means the public service counter at either the Community Services Department or the Community Development Department, as appropriate, based upon the location of the event.

"Crafts fair" means an event for temporary individual spaces for artists and handcrafters to sell handmade items such as quilts, children's toys, jewelry, flower arrangements, and other products to the public.

"Dignitary visit" means an important or influential person, such as a Congressman or Senator, is spending time in the City at a specified time and place.

"Demolition derby" means a competition in which drivers crash cars into each other until only one car is left running.

"Director" means either the Director of Community Services Department, or Director of Community Development Department, as appropriate, based upon the location of the event.

"Fair" or "festival" means an event, usually for the benefit of a charity or public institution, including entertainment, rides, games, sideshows, and the sale of food and merchandise.

"Farmers' market" means a gathering held for the buying and selling of fresh produce as well as showcasing local businesses such as bakeries and eateries.

"Food truck event" means an event consisting primarily of the sale of food and/or beverages from food trucks, with a minimum of three food trucks, to the general public.

"Food trucks" means a vehicle upon which ready-to-eat food is cooked, wrapped, packaged, processed, and/or portioned for service, sale, or distribution.

"Inflatable device" means any item that can be filled with pressurized air or helium, such as balloons, that are designed to attract attention to a special event or sale.

"Inflatable structure" means any structure that is filled with pressurized air, designed for play, commonly called a moon jump.

"Marathon" or "5k/10k run" means a distance race, usually intended to raise funds for a charitable organization or public institution, or to highlight a cultural event.

"March" means an organized walk dedicated to highlighting a public cause.

"Motorized sporting event" means providing entertainment through the display of motorcycles, automobiles, trucks, all terrain vehicles, etc. in competition such as a race or feats of skill. Examples include motocross, super cross, and monster truck rallies.

"Nontenant retailers" means the purveyor of goods or services who is not a contracted lessee of a commercial center where a sidewalk sale, parking lot sale, or special event is being held.

"Organized protest" means the gathering of a group of people to express a formal declaration of disapproval or objection to an issue of concern to the public at large.

"Pageant" means a dramatic presentation that usually depicts an historical or traditional event, a ceremony for a special event, or beauty pageant.

"Parade" means any procession, march, ceremony, show, exhibition, pageant, or similar display upon any public right-of-way or which will infringe upon the pubic right-of-way.

"Parking lot sale" means the cordoning-off of a portion of a parking lot at a commercial retail center for the sale of merchandise by tenants of the center. It also includes the sale of merchandise by nontenants only when associated with a permitted special event at the site: An example is a disaster preparedness exposition where vendors of emergency equipment such as earthquake kits, first aid kits, flashlights, and fire extinguishers would be permitted to have sales booths in association with the exposition.

"Permit" means any permit as required by this chapter.

"Person" means any person, firm, partnership, association, corporation, group, club, or organization of any kind.

"Private event" means the gathering of people on private property for charitable events, birthdays, and weddings, etc., that may infringe on the public right-of-way.

"Private winter seasonal decorations" means three-dimensional displays and string lights located only on private property designed to highlight holidays, such as Halloween, Christmas and Hanukkah. With the possible exception of string lights, all displays must be located and anchored on private property.

"Pumpkin patch lot" means an area of open space or portion of a parking lot that is temporarily enclosed by fencing to house and sell whole fresh pumpkins to be used for autumn decorations.

"Pyrotechnical/aerial fireworks show" means a display of the effects produced by a combination of explosives and combustibles, designed to generate colored light, smoke and noise for entertainment.

"Right-of-way" means a defined area of land, either public or private, on which a right-of-passage by the general public has been recorded.

"Rodeo" means a public exhibition of the skill of cowboys in various events, including but not limited to steer wrestling, bull riding, saddle bronc, and team roping events.

"Rummage sale" means the gathering of people at a building, parking lot, or other outdoor venue for the purposes of bartering or selling new and/or used articles or handicrafts.

"Sidewalk sale" means the outdoor sales of merchandise that is normally offered by a retail establishment that is located within a commercial retail center.

"Special event" means any organized activity on public or private property that exceeds or changes the normal use allowed or permitted by City Code. The event may or may not require public resources, may restrict the public from regular use of the site for a limited period of time, and/or may subject the site to a broader or more intensive use than is customary.

"Street fair" means a gathering held at a specified time and place for the buying and selling of goods, usually involving the closure of a public street to vehicular traffic.

"Swap meet" means the gathering of people at a building, parking lot, or other outdoor venue for the purposes of bartering or selling new and/or used articles or handicrafts.

"Tractor or truck pull" means a competition using tractors or trucks to pull a heavy sled along a course for the purposes of going the farthest.

"Vendor boutique" means an event for temporary individual spaces for artists and handcrafters to sell handmade items such as quilts, children's toys, jewelry, flower arrangements, and other products to the public.

(Ord. No. 235, § 3, 3-9-2010; Ord. No. 263, §§ 3(a)—(c), 5-28-2013))

The table below provides examples of types of events that are permitted in the City as well as indicating in which department the application for the event needs to be filed. Zoning limitations and details of permissibility are also explained in the table. Types of events not called out in the table are subject to review and approval by the City Manager or designee if he or she makes a finding that, while not listed in the following table, the type of event closely corresponds to a listed event.

Legend:

CD Community Development

CS Community Services

EP Encroachment Permit (X - required; P - possibly required)

(Ord. No. 235, § 3, 3-9-2010; Ord. No. 263, § 3(d), 5-28-2013; Ord. No. 265, § 3(a), 8-27-2013)

Banners to advertise a special event are permitted in conjunction with the event provided that the permittee includes the request for the banner in their Special Event Permit application. Special events banners are subject to the provisions of Title 16, Appendix D, section 87.0710(f) of the City's municipal code.

(Ord. No. 235, § 3, 3-9-2010)

Inflatable/floating devices are permitted in conjunction with a special event provided the permittee includes the request for an inflatable/floating device in their Special Event Permit application. Inflatable/floating devices are subject to the provisions of Title 16, Appendix D, section 87-0710(g) of the City's municipal code.

(Ord. No. 235, § 3, 3-9-2010)

Unless prohibited by the specific zoning district regulations, temporary Christmas tree and pumpkin patch sales facilities shall be permitted in any commercial, industrial, or institutional district, or on any religious institution or school site which abuts a collector or higher rated roadway, as designated in the general plan. All temporary Christmas tree and pumpkin patch sales shall be subject to the following requirements:

A. Date of Opening.

1. No pumpkin patch sales facility shall be open for business during any calendar year prior to October 4th.

2. No Christmas tree sales facility shall be open for business during any calendar year prior to November 22nd.

B. Merchandise to Be Sold.

1. A permitted pumpkin patch sales facility is limited to sales of the following items:

a. Pumpkins.

b. Fall harvest corn and gourds for decoration.

c. Pumpkin carving kits.

d. Pumpkin decoration kits.

e. Pumpkin carving stencils.

2. A permitted Christmas tree sales facility is limited to sales of the following items:

a. Pine trees.

b. Tree stands.

c. Holiday greenery such as holly and mistletoe.

d. Wreaths, garlands, and swags made from pine branches and holiday greenery.

e. Flocking.

f. Tree preservation products.

C. Electrical Permit. The applicant shall secure an electrical permit from the City if the facility is to be energized.

D. Removal of Facility.

1. By November 14th, each pumpkin patch sales site shall be removed and the premises cleared of all debris and restored to at least as good a condition as existed prior to the establishment of the facility. If the pumpkin patch facility will be used in the same calendar year for Christmas tree sales, the site shall be cleaned and maintained in an orderly condition for the period between the closing of pumpkin patch sales and the opening of Christmas tree sales.

2. By January 8th, each Christmas tree sales facility premises shall be cleared of all debris and restored to at least as good a condition as existed prior to the establishment of the facility.

E. Fire Prevention Standards. Each sales facility shall comply with fire prevention standards as approved and enforced by the Chino Valley Independent Fire District. (Ord. 68 § 9.75.020, 1995).

F. Christmas tree or pumpkin patch lots that are directly associated with a retail establishment such as a supermarket or home improvement center are subject to the conditions for a parking lot sale. Please refer to the definition of parking lot sale in Section 12.36.020 for further information.

(Ord. No. 235, § 3, 3-9-2010; Ord. No. 276, § 3(a), 9-23-2014; Ord. No. 292, § 7, 11-24-2015)

Private winter seasonal decorations and string lights may encroach into the public right-of-way provided they receive approval through the Special Event Permit process, which in addition to those requirements of a typical special events permit, also requires the following:

A. Meeting Chino Valley Independent Fire District requirements,

B. Submission and approval of required structural and electrical plans to the Building and Safety Division, and

C. An approved Encroachment Permit.

Submission of an application for a Special Event Permit for this purpose must be submitted a minimum of forty-five (45) days prior to the requested date of installation and will not be issued until all required submittals are approved.

Private winter seasonal decorations may be displayed only from Thanksgiving Day until January 8th.

(Ord. No. 235, § 3, 3-9-2010)

Events that are not allowed in the City include, but are not limited to, the following:

A. Circus with animals;

B. Motorized sporting events (radio controlled vehicles exempt);

C. Tractor/truck pull;

D. Demolition derby;

E. Aircraft and/or balloon event;

F. Pyrotechnical/aerial fireworks show;

G. Rodeo;

H. Auto sale (new or used);

I. Parking lot sale for non-tenant retailers that are not associated with another permitted special event; and

J. For-profit swap meet and/or rummage sales.

(Ord. No. 235, § 3, 3-9-2010)

Except where otherwise permitted in this chapter, an individual special event may not exceed ten (10) consecutive calendar days and may be held a maximum of four times per calendar year per location. An extension of a 10-day period may be granted by the City Manager or designee. Christmas tree and pumpkin patch lots are exempt from the 10-day limit, as addressed in Section 12.36.060.

(Ord. No. 235, § 3, 3-9-2010)

A person seeking issuance of a Special Event Permit shall file an application with the City on forms provided by the City.

A. Applications for events to be held in a public park or in a City facility shall be filed with the Community Services Department. Upon confirmation of the date and location of the event, if the City determines that the event will have an impact on the adjacent right-of-way, the application will be forwarded to the Community Development Department and Engineering Department for review and approval.

B. Applications for events to be held on private property, or in public right-of-way, shall be filed with the Community Development Department. Events in the public right-of-way will also require an Encroachment Permit, reviewed and approved by the Engineering Department.

C. A City business license is required if merchandise will be sold, unless the merchandise offered is consistent with that offered in the retail establishment sponsoring the special event.

D. The application for a special event shall contain at least all of the following information:

1. Application fee.

2. Event title.

3. Event description.

4. Estimated number of people attending the event.

5. Host organization.

6. Applicant's name, address and phone numbers.

7. Property owner's name, address and phone numbers.

8. Name of the event organizer, chairperson, or designee and their phone number.

9. Dates and times of the event, including set-up and clean-up days/times.

10. Location of the event.

11. If the event is a parade, marathon, run, etc., the starting and ending points and route to be traveled.

12. Property owner's signature.

13. Applicant's signature.

14. Any temporary structures to be erected, including tents, portable stages, etc.

15. Equipment to be used, including sound amplification, electrical generators, temporary power poles, etc.

16. Types of banners or inflatable devices to be used.

17. Traffic and parking plan.

18. Provisions for alcohol and/or food at the event.

19. Evidence of insurance.

20. Security plan.

21. Sanitation plan.

22. A detailed site plan.

23. If applicable, the following items shall be included with the application:

a. Food handler's permit from the County of San Bernardino.

b. Alcohol permit from the Department of Alcoholic Beverage Control.

c. Include location of banners on the detailed site plan.

d. Rendering of proposed banners, including size, colors, and text.

(Ord. No. 235, § 3, 3-9-2010)

A. Filing Period. An application for a Special Event Permit shall be filed with the City not less than forty-five (45) days nor more than one hundred eighty (180) days before the date on which the special event is to occur. The 180-day requirement may be waived subject to the approval of the Director.

B. A notification of approval, approval with conditions, or denial of the Special Event Permit shall be sent to the applicant ten (10) working days from the date that the application was received by the City, provided that all the required information is included with the application submittal.

If the application is incomplete, notification of approval, approval with conditions, or denial will be sent to the applicant ten (10) working days from the date that all required information is received by the City.

(Ord. No. 235, § 3, 3-9-2010)

A processing fee shall be paid at the time of filing the application for a special event. After consideration and investigation of the application, the Director or designee may determine whether additional fees should be assessed (before issuance of the permit) to meet the expenses of maintaining public health, safety and welfare, such as, but not limited to, placing barricades, lighting and traffic control devices and providing police officers for crowd control at the special event.

(Ord. No. 235, § 3, 3-9-2010)

A. Each applicant for a special event shall also be required to submit evidence to the City in the form of a certificate of insurance, that such applicant has public liability and property damage insurance in effect and in full force for the duration of the special event for public liability and for property damage to protect the general public and the City for any and all damages that might be caused by such special event. The amount of the public liability and property damage insurance required will conform minimally to the City's minimum standard for public liability and property damage insurance. The City shall be named as an additional insured on the certificate of insurance.

B. The City Manager or designee may waive the insurance requirement if one of the following conditions is met:

1. The special event is an expressive activity protected by the First Amendment; or

2. The applicant or officer of the sponsoring organization has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression, and the applicant provides a statement from an insurance broker or other source for insurance coverage to substantiate the unreasonable burden claim or demonstrating that such insurance is not available in the marketplace.

(Ord. No. 235, § 3, 3-9-2010)

A. The City Manager or designee may deny the application for a Special Event Permit if the applicant has not:

1. Provided services of a sufficient number of traffic controllers; or

2. Provided sufficient monitors for crowd control and safety; or,

3. Provided sufficient safety, health or sanitation equipment, services; or

4. Provided facilities that are reasonably necessary to ensure that the event will be conducted with due regard for safety; or

5. Provided sufficient off-site parking or shuttle service, or both, when required to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the event; or

6. Met all of the requirements for submitting an application for a Special Event Permit: or

7. The applicant has failed to provide an adequate first aid or emergency medical services plan based on event risk factors.

B. The City Manager or designee may deny the application for a Special Event Permit if, in the City's opinion:

1. The event will create the imminent possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage; or,

2. The event will violate public health or safety laws; or

3. The event fails to conform to the requirements of law; or

4. The applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of the permit; or

5. The applicant has failed to conduct a previously authorized or exempted special event in accordance with law or the terms of a permit, or both; or,

6. The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur.

C. Any person may appeal the City Manager or designee's determination to the City Council within ten (10) days, or at the next Council meeting after the mailing date of the City Manager or designee's notice of action.

D. The appeal shall be as follows:

1. It shall be filed with the City Clerk.

2. It shall be in writing and signed by the applicant.

3. It shall propose measures in mitigation to the reasons for denial by the City Manager or designee.

E. The City Council shall make the final decision regarding the special event within twenty-one (21) days from the date that the appeal is filed.

(Ord. No. 235, § 3, 3-9-2010; Ord. No. 265, §§ 3(b), (c), 8-27-2013)

A. A permittee under this section shall comply with all permit directions and conditions and with all applicable laws and ordinances.

B. The Special Event Permit shall be available on site at all times. The special event chairman, or other person heading or leading such activity, shall have the permit readily available for review during the conduct of the special event.

C. No person attending any special event as permitted under this chapter shall violate any laws of the State of California or any ordinance of the City, or any conditions established for the special event by the City and other agencies.

(Ord. No. 235, § 3, 3-9-2010)

The City Manager or designee shall have the authority to suspend a Special Event Permit issued under this chapter if the person to whom the permit was issued fails to comply with all permit directions and conditions and all applicable laws and ordinances. Such suspension may be vacated after the conditions of the permit have been satisfied.

(Ord. No. 235, § 3, 3-9-2010)

Any violation of the conditions of a permit by the applicant or his or her agents shall be a misdemeanor.

(Ord. No. 235, § 3, 3-9-2010)

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

(Ord. No. 235, § 3, 3-9-2010)